PLURALITY OF MAIN PLACE OF WORK

Abstract

The article describes what primary employment is, according to the labour law system of Russian Federation. It reveals that there is no definition of such concept and tries to derive it through the legal history. A workbook was the unique and remains one of the main characteristics of the primary employment, so the paper discusses, is it possible to combine legally two or more primary employers having more workbooks. The judicial opinion is analysed and there are shown different approaches that result from the lack of legal definition of primary employment in the Labour Code of Russian Federation. The author’s approach based on the law branch principle of combining state and contractual regulation of labor relations and on the primacy of the labour contract proves that one could have more primary employments. The type of employment is one of the terms of labour contract. Multiple primary employment is not prohibited, so the author concludes, that such employment is legal, but the main point is not regulated because of the lack of legal definition what primary employment is. This causes ill effects for the worker, because he’s not protected as well. Therefore a primary employment is without specifying that it is offtime job.