Labour Code Research Articles

Discrimination under Political or other Opinions in Pre-Contractual Labor Relationship

Abstract The legislative changes implemented in the Labor Code of Georgia fundamentally changed the regulations governing the prohibition of discrimination. In order to bring them closer to the law of the European Union, a number of important issues were identified that require scientific processing and comparative legal research. One of the current and problematic types of discrimination in Georgian reality is not hiring a person and/or dismissing him/her due to political or other opinions. Case law regarding these topics practically does not exist. The present article deals with the existing regulation related to discrimination due to political or other opinions in pre-contractual relationships. The present paper examines whether Georgian legislation complies with acts of ILO and European law.

Key Elements of Safety Culture

Security is one of the most important aspects in various spheres of society. In everyday life, a person is obliged to independently make certain choices in favor of his safety. But in professional activities, the employer is responsible for his safety. The employer is obliged to provide safe working conditions for employees at their workplaces and to immediately take certain measures if these conditions do not comply with safety regulations. This is stated in Article 214 of the Labor Code of the Russian Federation. An important element of ensuring safety in an organization is safety culture. According to the International Labor Organization, there are 340 million occupational accidents every year, and the main reasons include a poor safety culture and neglect of occupational safety and health standards.

Current issues of labour dispute resolution through mediation

The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.

Ograniczenia w podejmowaniu aktywności zawodowej po nowelizacji Kodeksu pracy dokonanej ustawą z dnia 9 marca 2023 r.

The study considers the problem of limiting an employee’s ability to take up additional employment in the light of Article 261 of the Labor Code. The new legal regulation encourages reflection not only on the possibility of limiting the principle of freedom of work by introducing a prohibition on an employee’s undertaking competitive activities but also on contractual provisions limiting the possibility of undertaking non-competitive activities. The provision discussed in the study is the result of the implementation of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, but the method of implementing the Directive’s assumptions limits the autonomy of will of the parties to a much greater extent than indicated from the Directive.

Constitutional values and legal regulation of labor relations

The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which enshrines the principles of legal regulation of labor relations. Constitutional values are also considered in interdependence with the content of individual norms of the European and international standards governing human labor rights. A number of conclusions are formulated regarding the importance of taking into account constitutional values in rule-making in the field of labor and labor protection. Proposals have been made to improve the effectiveness of current legislation, taking into account the influence of constitutional norms and constitutional values on sectoral labor legislation.

Good faith in employment relations – between standard and duty

The current Labour Code of the Republic of Moldova does not regulate the principle of exercising constitutional rights and freedoms in good faith. Exercising of these rights is complemented by the other dispositions contained in the labour legislation and, insofar as they are not incompatible with the specifics of the labour relations provided by the code in question, with the provisions of civil legislation. The civil legislation in the matter of good faith stipulates that this institution is a standard of conduct of a party, characterized by fairness, honesty, openness and taking into account the interests of the other party to the legal relationship. In the sense of the invoked principle, it is assumed that an employee exercising his rights at work fairly and honestly, must take into account the employer’s interests. However, in terms of the content of the legal employment relationship, the interests of the parties differ. The purpose of this paper is to analyse some aspects regarding the implications of the principle of good faith in the execution of employment contracts, a principle which is valid for the parties to employment contracts.

Reduced working hours

This article discusses the issues of legal regulation of reduced working hours under the legislation of the Republic of Azerbaijan. Based on the analysis of the norms of the Labor Code of the Republic of Azerbaijan and a number of other normative legal acts, the distinctive features of such a type of working time as shortened working hours are revealed, the conditions and procedure for establishing some of its types are shown.

Illusions of labor law: delusion or reality?

In modern legislation there are many legal illusions, arising both systematically, for the development of society and the state, and spontaneously as reactionary measures to certain social circumstances (pandemic, sanctions). There are also legal illusions in labor law. Identification and classification of legal illusions will improve labor legislation. The article defines the role of legal illusion as an element that constitutes a new social reality. The key doctrinal approaches to the understanding of legal illusion are analyzed. It is proposed to distinguish target illusions, which in turn are divided into illusions and simulacra. Legal simulacra in the process of implementation entail distortion of legal reality, conflicts and violations of the rights of participants of social relations. The implementation of certain provisions of the Labor Code of the Russian Federation is considered as examples of legal illusions and simulacra.

Disembedded politics: Discourses on Neoliberal Labor Law reforms in Lithuania (2014–2016)

Since regaining its independence in 1991, Lithuania has undergone a process of chaotic privatization in which labor was systematically disempowered, above all, by the targeted erosion of labor rights formally endorsed in the pre-existing Soviet labor code. In the newly legitimized and aggressive pro-business environment of the post-Soviet era, organized labor's residual power was seen as an anachronistic impediment to the power of capital in reshaping society and the economy. This article investigates the political dynamics of disembedded labor law reform in Lithuania, which enabled neoliberal reformers to legislate while disregarding broader societal interests and imposing unilateral changes in labor relations. A content analysis of 852 news media reports on labor law reforms published in 2014–2016 was used to demonstrate how discursive and institutional exclusion and sequencing were employed by the neoliberal government to circumvent the interests of major social and economic groups, resulting in the passage of pro-business legislation. The implications of resorting to disembedded politics in the labor reform process are discussed.

Failure to take measures to prevent and resolve conflicts of interest: labor law issues

The subject of the study is the failure to take measures to prevent and resolve conflicts of interest. Failure to take measures is considered as an element of the objective side of disciplinary misconduct in labor relations, the composition of which is defined in paragraph 7.1. part 1 of Article 81 of the Labor Code of the Russian Federation, along with such elements as "conflict of interest" and "loss of trust". The types of measures are studied, the collision of their anti-corruption and labor-law nature; the subject of taking measures; the possibility of choosing a measure by an employee and an employer; the legal consequences of non-acceptance; the head as a subject of responsibility in case of non-acceptance of measures; the obligation to notify about a conflict of interests; the content of the concepts of "prevention" and "settlement". The object of the study is labor relations in terms of disciplinary responsibility for corruption offenses and related official legal relations. The author uses the general scientific method of dialectical cognition, as well as a number of private scientific methods: technical-legal, systemic-structural, formal-logical (deduction, induction, definition and division of concepts) and others. The article discusses the following problematic issues: 1) the ratio of measures provided for by anti-corruption legislation with labor law institutions, in particular, transfer to another job and suspension from work; 2) the possibility of abuse of the right by the employer and violation of the rights of the employee when taking measures; 3) the situation of legal deadlock when it is impossible to take measures; 4) unjustified inconsistency of legal regulation of measures in labor and official legal relations. The article draws conclusions about the illegality of dismissal only for failure to inform about a conflict of interest; about the priority of the employee's right to choose a measure to avoid abuse of the right by the employer; about the unification of legal regulation of suspension from work for the period of investigation of corruption misconduct or dismissal of the head for failure to take measures in labor and official relations; about ways out of the "legal impasse" if it is impossible to resolve a conflict of interest, in particular, a separate basis for termination of an employment contract due to circumstances beyond the control of the parties, or permission to act in a conflict of interest with little benefit.

Some Reflections on the Regulatory Constraints to Labour Malpractices in Cameroon

The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be desired. This has necessitated the suggestion of some policy recommendations for the way forward. In this regard, in order to attain an effective regulatory, institutional and policy framework which guarantees the protection of workers against any form of labour malpractices in the private sector, we recommends a review of the 1992 Labour Code to better handle any form of labour malpractices affecting private sector employment in today’s era and the Labour Inspectorate being the central state institution charged with the enforcement of employment rights should not only be found seating at the regional and divisional headquarters, they should equally be established in each sub-division in other to take justice nearer to workers who are mostly employed by employers of unskilled labour in the country.

FEATURES OF REGULATION OF LABOR OF WORKERS WORKING BY THE SHIFT METHOD

The rotational approach to labor organization is widely used in domestic and international practice. The globalization of the economy due to the expansion of the geography of services, as well as increased competition among corporations, objectively increases the significance of the concept of “remote workplace” and focuses attention on the study of issues arising from these labor relations. Currently, the social interaction of employers with rotational workers is fraught with difficulties due to the imperfection of existing standards for organizing rotational work. This requires the formation of new mechanisms for using shift work. The article examines the elements of shift work, discusses the provisions of the Labor Code of the Republic of Kazakhstan regulating the rotation approach to organizing activities, which is widespread not only in remote areas, but also in the current situation. The purpose of the article is to identify the features of this type of work and draw certain conclusions on resolving problems arising in this area. A new mechanism for legal regulation of labor relations between employers and employees is needed specifically in the field of rotational work. The formation of social and living conditions for personnel during the inter-shift rest period helps to restore the potential of workers, so it is necessary to consider ways to motivate their social adaptation. Due to the fact that this type of activity is very flexible, while maintaining the conceptual focus established by law, certain conclusions have been drawn to improve the provisions for the legal regulation of the labor of shift workers.

DISCRIMINATION IN THE FIELD OF LABOR AND OBLIGATIONS OF THE PARTIES TO LABOR AND DIRECTLY RELATED RELATIONS

The purpose of the article is to analyze the current legislation in order to determine the ratio of generally recognized principles of labor law and the obligations of the parties to labor relations, including the obligation of the state to ensure protection against unemployment. The authors analyzed the norms of the Labor Code of the Republic of Kazakhstan concerning the duties of employers and employees of the guiding party, the norms of the Social Code of the Republic of Kazakhstan in relation to some issues of legal regulation of unemployment. As a result of the analysis of the current labor and related legislation, the authors came to the conclusion that some norms of the Labor Code of the Republic of Kazakhstan, as well as the new Social Code of the Republic of Kazakhstan, are discriminatory. In particular, the legal status of employees and employees of the sending party in the Labor Code of the Republic of Kazakhstan varies, especially regarding the duties of employees of the sending party. Thus, a number of signs were identified that make it possible to conclude that despite the lack of equal rights and opportunities for employees of the sending party in comparison with ordinary employees engaged in labor activities under the employment contract, the obligations of the above-mentioned parties to labor relations coincide. In some cases, some duties inherent in ordinary workers are unnecessarily imputed to the employees of the guiding party. As an example, the obligation of the employee of the sending party to compensate for material damage to the employer in case of violation of the non-competition condition is given. In addition, the analysis of some norms of the Social Code of the Republic of Kazakhstan concerning the legal regulation of unemployment made it possible to determine the trends of discrimination against individuals. Thus, clause 6, paragraph 3, article 99 of the Social Code of the Republic of Kazakhstan limits the right of convicted persons in protection against unemployment by the state. The authors point to the need to revise some of the current legislation in order to exclude discrimination in the workplace.

PROCEDURE FOR CONSIDERATION OF INDIVIDUAL LABOR DISPUTES

With the entry into force of the new Labor Code of the Republic of Kazakhstan, adopted in 2015, there have been significant changes in labor relations in the procedure for resolving and considering individual labor disputes. Any labor dispute between the parties is considered in two ways: pre-trial and judicial. Regulation of the procedure for consideration of individual labor disputes in the Republic of Kazakhstan is carried out on the basis of relevant legislative acts and orders. Currently, pretrial settlement of labor disputes is increasingly practiced. The desire to resolve disputes out of court is now becoming a «global trend» and is an indicator of the professionalism of the judiciary. Individual labor disputes are an integral part of any labor activity that arises in connection with any contradictions between the employee and the employer. Individual labor disputes arise within the framework of labor relations between an employee and an employer, for example, they are reflected in such aspects of labor activity as wages, working conditions, illegal dismissal, violation of employee rights, etc. Labor disputes are classified according to the subjective composition of the parties, depending on the nature and departmental subordination of the dispute. Every citizen of the Republic of Kazakhstan has the right to protect their labor rights and legitimate interests. The only way to pre-trial settlement of labor disputes is the procedure for resolving in a team by a conciliation commission. However, if the dispute is not resolved within the framework of the conciliation commission, the employee may apply to the court with a claim to protect his labor rights and interests.

Work process management: essence, characteristics and ways of improvement

The article is devoted to the study of the peculiarities of the legal regulation of the management of the labor process and the possibilities of its improvement in the process of reforming the domestic labor legislation. Since today the issue of managing the labor process is of particular importance, taking into account the existing shortcomings in this area, the protracted process of reforming the labor legislation and adopting the Labor Code of Ukraine. In particular, the modern conditions of strengthening integration processes lead to the need to develop fundamentally new approaches to the management of the labor process with the awareness that the main reserve of the enterprise are employees who ensure the quality and competitiveness of production results. Especially today, when employers in the conditions of martial law have a lot of questions about reformatting relations with employees. And in order to maintain a high quality of management, they need to respond quickly and effectively to such situations. It is noted that the management of the labor process is a planned activity of the company’s management aimed at organizing, regulating, motivating and controlling the work of employees, the purpose of which is to coordinate the collective efforts of the team and ensure the agreed actions of its members aimed at achieving specific planned results. Attention is drawn to the fact that at each enterprise, institution, organization, the management of the labor process has its own specificity and depends on objective and subjective factors. A conclusion was made regarding the expediency of implementing remote management of the labor process. Because the use of effective remote management tools can become effective in the process of labor management, especially with the war in the country. And therefore, in today’s conditions, managers of enterprises need to master the skills of remote management of their enterprises, and in the future actively use them to achieve the tasks set before the management. Since taking into account the frequent change of the environment and the constant acceleration of the pace of life, which directly affect the enterprise, the organization of the process of remote management of the work process at the enterprise will become one of the key factors of successful activity in the market.

Basics of worker safety under the draft Labour Code of Ukraine

The article analyses the draft Labour Code of Ukraine with regard to legal regulation of safety and health of employees.
 The author examines in detail Book Three «Safety and Health of Employees» of the draft Labour Code of Ukraine. It is established that this book contains the provisions of the draft Law of Ukraine «On Safety and Health of Workers at Work», which form a new system of management in this area.
 The article analyses the state of implementation of the Council Directive 89/391/EEC, Council Directive 89/654/EEC of 30 November 1989 on minimum safety and health requirements in work areas; Council Directive 92/85/EEC of 19 October 1992 on measures to improve the safety and health at work of pregnant, recently given birth or lactating workers; Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work in national legal practice.
 The author analyses the current regulatory legal acts in the field of labour protection and draws attention to the need to update the national labour legislation. The main areas of reform in the field of safety are highlighted, namely: general requirements for occupational safety and health protection at workplaces, machine safety, electrical equipment safety, personal protective equipment, use of explosives, mining operations and noise protection.
 The author establishes that the draft Labour Code of Ukraine provides for a change of legal emphasis from «labour safety» or «labour protection» to the European principle of «employee safety». The consequence of implementing this principle in practice will be the achievement of complete elimination or minimisation of risks to the life and health of each employee.
 The author examines the rules governing the safety and health of certain categories of employees, namely, female employees (pregnant employees, employees who have recently given birth and breastfeeding employees), employees under the age of 18, employees with disabilities. Concludes that the draft Labour Code of Ukraine does not pay due attention to the specifics of work of employees who have children under the age of three, or have a child with a disability, or are raising a child on their own, which requires further elaboration.
 Proposals are made regarding the need to enshrine in the draft Labour Code of Ukraine the minimum amount of funding for expenses incurred at the expense of the employer for the safety and health of employees at work.

Надомна робота і дистанційна робота: методологічний аспект розмежування понять нетрадиційних форм організації праці

The article aims to characterize home and distance work and establish the distinction between these concepts, considering the methodological aspect. The author notes that the pandemic of the coronavirus disease (COVID-19), which swept the world in 2020, as well as the full-scale armed aggression against Ukraine on February 24, 2022— acted as a catalyst for legislation on non-standard forms of employment because the usual form of employment with the performance of work at the employer’s location began to threaten the employee’s life and health. The genesis of the legal regulation of home and remote work is considered, emphasizing that, in essence, the legislator initially reduced two concepts to a synonymous understanding. The legal constructions of home and remote work are analyzed by establishing their features. It was concluded that homework and remote work are different legal phenomena and different forms of labor organization, the demand for which has increased many times over the last five years. The main conceptual difference between these forms of work organization is that home work is characterized by what is performed by the employee at his place of residence or in other premises defined by him, which are characterized by the presence of a fixed zone. Here, there is no possibility of performing work on the employer’s territory or premises. Remote work involves the performance of work by an employee outside the workplace or territory of the employer, in any place of the employee’s choice, without a fixed area for the performance of work by the employee. Attention is focused on the different legal nature and essential features of these forms of labor organization. It is substantiated that the clear distinction between the concepts of home and remote work, which is finally contained in the Labor Code of Ukraine, generally corresponds to the methodology of the science of labor law, considers the achievements of scientists in the field of labor law and the different nature of these concepts. That is, the current codified act on labor contains ordered definitions and does not differ in legal equilibrium. It is also summarized that the current definitions of home and remote work no longer allow for confusion in these categories and, therefore, reduce the risk of violation of the labor rights of employees, providing a legal basis for exercising their right to work in less dangerous conditions, which are typical for work at an employer’s company, when the entire workforce is gathering. Keywords: right to work, labor relations, legal regulation, employment contract, employee, employer, labor rights, employment, home work, remote work, remote worker.

Re-evaluating the Legal and Institutional Complications Affecting the Protection of Women's Rights in Cameroon: The Need to Remedying the Odds

Several complex legal and institutional issues beset preserving women’s rights in Cameroon. Women’s rights refer to a wide range of ideals and entitlements intended to guarantee gender equality and encourage women’s full involvement and empowerment in all spheres of society. These rights include freedom from violence, equality, education, health, and body autonomy, among other things. However, even with the modern conception and advancement of today's society, women continue to be treated inhumanely, uncaringly, and pitilessly, thereby affecting their status and rights acquired in today´s society, with the numerous legal instruments wavering from the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, the Maputo Protocol, the African Charter on the Welfare of the Child, and hosts of other condemning the illegal practices experienced by women on the international scene. The increase in violations continues to be rampant. With all the praiseworthy struggles instigated and affected by these instruments, the degree of violation of women's rights is increasing and increasing in Cameroon. Women continue to experience violations of their rights, especially those related to Female Genital Mutilation, Sexual Abuse, Rape, widow practices, and many other harmful practices. The query one would be posing here is in searching why Cameroon is considered a State of Law, devouring great efforts in certifying that women anguishing from the effect of violence should be protected, continue to experience an increase in cases of women's rights violations. In this vane, it will be sufficient for us to assess the various legal and institutional dispositions put in place by the State of Cameroon in handling cases of violence done against women. It is surprising that with all the laws initiated by the State of Cameroon from the Constitution, the Penal Code, the Labour Code, the Civil Status Registration Ordinance, and the Civil Code enacted to deal with cases of violence done on Women, there exists no concrete and concise law handling matters of violence against women. The situation of child marriage, Female Genital Mutilation, Breast Ironing, Widow Practices, and Property Discrimination continue to be a nightmare and a pandemic to eradicate in the country, irrespective of the efforts introduced by competent authorities. There is a need to redress the situation for a better protective climate for women and their societal statuses.

The mechanism of exercising the employee's right to conclude an employment contract and the formation of its content

The subject of the research is the problems of developing an adequate, understandable for the employee and the employer mechanism of exercising the right to conclude an employment contract.The purpose of the scientific article is to confirm the hypothesis that the employment contract in modern conditions is not yet an agreement in its traditional sense, that the defect of will and/or expression of will, which the employee insists on challenging the terms of the employment contract, must be proved by himThe methodology of the study includes a systematic approach, formal-legal and logical interpretation, analysis and synthesis.The main scientific results, conclusions on the achievement of the purpose of the study. Conclusion of the employment contract is a complex, multi-motivated, multi-stage process as from the position of the content and the ways and the limits of the right of the employee and the employer. As a weak party of labor legal relations, the employee agrees to the conditions of the employment contract initiated by the employer under the fear of refusal to conclude the said contract. Using the opportunities of the Labor Code of the Russian Federation, employers determine the terms of this contract with minimal risks for themselves, of right, formation of contract content which causes the emergence of numerous lawsuits from employees about the defects of will when entering into labor legal relations, about the illegality of certain terms of the employment contract.The mechanism of concluding a labor contract by its parties, established by the labor legislation, is imperfect, and the process of forming its content is so formal that it does not allow the employee and the employer to reach a real compromise on mandatory and / or additional conditions of the contract. In the article there are proposals aimed at improving the mechanism of exercising by employees and employers of the right to conclude a contract of employment. It seems necessary to amend the Labor Code of the Russian Federation in terms of establishing a special period of appeal of an employee to the court to recognize a particular condition due to a defect of will in the conclusion of the employment contract as illegal (the beginning of the period should be defined as the day of the employment contract, since it is the day on which the employee learned or should have learned about the violation of his right); identified factors that influenced the emergence, evolution of the employee and employer will and deformed it (such factors include Only from the moment the necessary information is provided can the entitled person demand the implementation of the preferences established by labor law.

Problems of differentiation in the codes of labor laws of the RSFSR and the Labor Code of the Russian Federation

The article addresses the problem of codification of special labor law norms, justifies the importance of their consolidation in the sectoral code. The domestic historical experience of codification through the prism of differentiation is investigated. Trends in the differentiation of legal regulation of labor relations in the modern period are analyzed. The shortcomings of the Labor Code of the Russian Federation in terms of labor regulation of certain categories of employees are shown, options for solving this problem are considered. The need for differentiation in a codified act of labor law is due to the nature of labor in certain areas, as well as the special concern of the state for certain groups of employees. The Code is the main sectoral act, it must contain special norms in order to meet the requirements of completeness and consistency. In the four Russian labor codes, the issue of differentiation was resolved in different ways. With each new codification, the legislator, relying on the experience gained, approached this issue more consistently, while there was also a «field» for criticism. The task of optimal construction of special labor and legal norms is also relevant for the Labor Code of the Russian Federation, in modern conditions the relevance increases due to the increase in atypical employment. It is important, retaining in the codified act a special chapter on the features of labor, to establish uniform approaches to its regulation in relation to the main professional groups and spheres. At the same time, it is inappropriate to reflect in the code the features of labor affecting the specialization of a particular profession, turning the act of codification into a collection of instructions. The legislator should also consider the issue of consolidation in art. 2 of the Labor Code of the Russian Federation, devoted to the principles of legal regulation of labor relations, the principle of differentiation.