Labor Law Research Articles

Assessing the development of a human-centered economy in Russia: A methodological approach

Aim. To build and sub stantiate the author’s methodology for assessing the development of human-centered economy. In view of the insufficiency of theoretical and empirical research in the field of formation and development of economy for human beings, the demand for this scientific research is actualized in order to better meet human needs.Objectives. To develop a methodology for assessing the development of human-centered economy; to test it on the example of the Russian Federation (RF), including Russian regions.Methodology. The methodological basis of the study was formed by the provisions of the theory of human-centered economy. The methods used include normalization, linear scaling, and “series of information criteria” methods. Visualization of the obtained results was carried out on the basis of spatial modeling software package GeoDA. The information base was the data of the Federal State Statistics Service (Rosstat), the Unified Interdepartmental Information and Statistical System, the Ministry of Labor and Social Protection of the Russian Federation, the Ministry of Culture of the Russian Federation, the Ministry of Science and Higher Education of the Russian Federation, the Ministry of Sports of the Russian Federation, Rospatent for 2018-2022.Results. The methodology for calculating the integral index of human-centered economy development has been developed. It was calculated by integrating 87 specific indices and eight subindices. The process of research revealed that this economic system is at the initial stages of development with isogressive-regressive trajectory, has insignificantly developed constituent components in the form of creative and cognitive spheres.Conclusions. The proposed methodology provides a basis for further scientific research in similar studies, as well as for the formation of targeted measures to support the challenging spheres of human activity and human-centered economy as a whole.

Respect for Constitutional Rights of Individuals in Platform Economy

The paper dwells on the issue of respect for labor and social rights of individuals enshrined in the Constitution of the Russian Federation in sectors of the economy that are partially or completely switching to activities in an economic model based on the use of digital platforms (platform economy). The strengths and weaknesses of this method of organizing activities for workers employed in the industries under consideration are elucidated in the context of both labor and civil law relations, including workers having the status of self-employed workers. The main possible reasons for the transition of economic entities to activities within the framework of the platform economy, including with a change in the nature of legal relations, are justified through a set of objective (economic and social) and subjective (related to the education, abilities and motivation of a potential employee) reasons. Avito.ru Internet platform is monitored to find job vacancies, within which ensuring the proper implementation of сonstitutional rights of citizens is possible exclusively within the framework of labor legal relations. The analysis of the conditions of employment offered by actual employers reveals typical potential and actual violations of human rights in relation to both an employee and third parties. Based on the results of the analysis of practice, the author offers a number of measures aimed at eliminating the identified prerequisites for violating the constitutional rights of citizens. In particular, the ban on attracting persons as self-employed to perform work or provide services that pose a threat of violation of their rights or the rights of third parties in the event of this activity outside the framework of labor legal relations, as well as the possibility of recognizing civil law relations between the actual employer and an individual in the status of self-employed actual labor relations.

Comrades' Courts in the Soviet Period of Russian Statehood as a Form of Non-Professional Justice

The formation and development of comrades’ justice in the Soviet period of Russian statehood is associated with the implementation of the unified national concept of the court, conditioned not so much by professional justice as by the mass participation of non-professional judges from the people in court. The jurisdiction of cases heard in public courts was regulated by the relevant provisions and criminal codes, providing that these courts considered minor crimes, both by virtue of a direct indication in the law, and by way of delegation of the function of justice by the courts or the prosecutor’s office in each specific case. The activities of the comrades’ courts are divided into three periods. The first period — from 1919 to 1922 — is characterized by the disciplinary orientation of the comrades’ courts authorized to consider all violations of labor legislation. The second period — from 1928 to the beginning of the Great Patriotic War — is characterized by a variety of comrades’ and public courts that covered various spheres of economic, social and political activities, from Soviet enterprises and institutions to collective farms. Its main purpose was to free public courts from a mass of minor offenses and property disputes, as well as ensuring productivity growth and combating disruptors of production in enterprises and institutions. The third period — from the late 1950s to 1991 — set the goal of strengthening socialist democracy by involving a wide range of workers in the management of public affairs, including through comradely justice, which defined comrades’ courts as quasi-judicial bodies of public and state power, intrinsically inscribed in the concept of a socialist national state.

The knowledge and skills needed for forensic social work in Australia: A Delphi study

Summary Forensic social work is the application of social work knowledge, skills, values and ethics within a legal and criminal justice context. Globally, social workers play an integral role in the criminal justice system but in many countries, including Australia, there is limited conception of the competencies needed for this specialist practice. Australia serves as an example of forensic social work regulated through a generalist social work competency framework, where specialist skills and knowledge are not distinctly outlined or assessed. The purpose of this study was to identify the knowledge and skills used by forensic social work practitioners in Australia. This study used a 3-round Delphi method with an expert panel of social workers working in forensic practice across Australia. It consisted of a 1-hour semi-structured individual interview followed by 2 rounds of online surveys. Findings Consensus was obtained for 30 skill and knowledge items for Australian forensic social work. The panel identified these competencies as specialist, meaning requiring further training beyond generalist proficiency. Of these, eight of the skill and knowledge items were seen as essential for graduates entering forensic social work. Applications The findings from this study contribute to an evidence-based model of forensic social work competency. In Australia, they can be used to consider potential gaps between current generalist mechanisms and specialist practice expectations. With further research, these findings can be used to inform professional standards for forensic social work in Australia and potentially internationally.

Psychometric Quality of the Work Content Questionnaire Applied to Nursing Staff to Identify Job Stress

Objective: To demonstrate the reliability and construct validity of Karasek's Job Content Questionnaire (JCQ), which measures psychological demands, job control and social support, in nursing personnel. Theoretical Framework: In Mexico, the Federal Labor Law specifies that psychosocial risks must be kept at low or zero levels to prevent work-related stress in nursing staff. Method: The Job Content Questionnaire was applied to a sample of 181 nursing professionals from a population of 200 people. The internal consistency of the questionnaire was examined using the Cronbach's Alpha reliability coefficient, the construct validity of the questionnaire was identified through the fit indices of the confirmatory factor analysis, using the maximum likelihood method. Results and Discussion: The results obtained revealed [synthesize the main results of the research]. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The Job Content Questionnaire presented adequate internal consistency (Cronbach's Alpha=.80) and construct validity in the sample; the structural equation model presented an adequate fit: GFI=.73, RMSEA=.066, NNFI= .93, CFI=.94, PNFI=.78. These findings affirm that the Job Content Questionnaire is valid and reliable to evaluate psychosocial factors among workers who perform nursing activities in Mexico. Originality/Value: This study contributes to the literature by demonstrating the reliability and validity of the Job Content Questionnaire in nursing in Mexico. Its effectiveness is confirmed to evaluate psychological demands, work control and social support, critical aspects to mitigate stress and improve the quality of work life. The results can influence labor policies and institutional practices, promoting healthier work environments, reducing stress and improving the quality of care in the health sector, which benefits both workers and patients.

Process Management Framework for Health and Safety at Work (SST) Companies

Objective: This study aims to develop and implement a process management framework for Occupational Safety and Health (OSH) companies, seeking to optimize the organization and execution of services, identifying improvement opportunities throughout the customer journey, from contract closure to renewal. The proposal is to offer an adaptable model that meets industry demands and enhances the operational efficiency of companies. Theoretical Framework: The theoretical framework addresses the evolution of Regulatory Standards (NRs) since the 1970s and the importance of complying with labor laws for the safety and health of workers in Brazil. The role of eSocial, created in 2014 to unify and ensure the collection of employer information, is highlighted, as well as its function in alerting them to legal risks. Method: The methodology used was action research, as defined by Oquist (1978). The research involved mapping the operational processes of OSH companies to identify areas for improvement. The first version of the framework was developed, tested, and based on the results, improved into a second version. The improvements were based on tests and validations conducted throughout the process. Results and Discussion: The first version of the framework showed positive results but also highlighted the need for improvements, which were incorporated into the second version. Changes included the restructuring of steps and the addition of a new phase focused on the commercial process. Satisfaction surveys with internal and external clients, as well as accounting firms, indicated positive acceptance but also a lack of systemic vision among professionals, affecting the quality of the work. Research Implications: The research implications are significant for the OSH sector. The developed framework improves the organization and efficiency of service-providing companies. The study also highlights the importance of performance indicators to monitor performance and mitigate risks, such as customer loss. It is recommended that future research explore the adaptation of the framework to new technologies and automation. Originality/Value: The originality of this study lies in the creation of a process management framework specifically for OSH companies, where organization and efficiency are essential for complying with labor regulations and ensuring worker safety. The value of the work resides in its practical contribution to the sector, offering an adaptable model that can be improved based on feedback and technological advancements.

Contextual analysis of child labor laws and educational rights for children in Pakistan with a focus on KPK province

Child labor is defined as the exploitation of children in any form of labor that destructively affects the child's mental, social, and physical health and creates hurdles to obtaining a regular education. This study was conducted to investigate the main socio-economic factors contributing to child labor and barriers to education and analyze the practical implications of child labor laws in Pakistan. The study area in this study is Khyber Pakhtunkhwa (KPK) province, Pakistan. The primary data were collected through an online questionnaire survey from teachers, school administrators, government officials responsible for enforcing child labor laws and educational policies, and representatives from non-governmental organizations (NGOs), while personal observations and interviews were used for the collection of data from child laborers, parents or guardians of child laborers. A total of 80 teachers or education experts, 70 children and their guardians, 30 policymakers, and 20 social workers were participants in the data collection process. The outcomes of this study concluded that about 78% of participants lacked awareness of these laws, while 71% perceived them as ineffective. The socioeconomic factors contributing to child labor are quantitatively assessed, with poverty identified as the primary factor (65%). The statistical analysis indicates that the socioeconomic factors have a significant contribution to the implementation of child education laws in Pakistan (a p-value lower than the level of significance (0.05). Discrimination based on gender or social status, high cost of education, and insufficient qualified teachers are significant barriers to providing quality education for children in Pakistan. This study recommends promoting inclusive education and strengthening social welfare programs to support their efficacy in combating child labor and ensuring access to quality education for all children in Pakistan.

Integrating Global Norms for Gender Equity in Kazakhstan: Aligning Workplace and Social Security Legislation with Sustainable Development Goals

Objective: This study investigates the impact of international standards on shaping national approaches to gender equality, focusing on Kazakhstan’s legal and social frameworks. Theoretical Framework: This research is based on theoretical perspectives regarding implementing international law, offering a foundation for understanding how global norms influence national policies. Method: A multidisciplinary methodology is applied, including comparative legal analysis, normative-legal methods, systems analysis, and legal modeling. Forecasting techniques are also used to anticipate future trends in the alignment of national policies with international gender equality standards. Results and Discussion: This study identifies several critical challenges that Kazakhstan faces in reforming its social and labor policies to align with international standards. Significant institutional and legal barriers hinder progress in promoting gender equality and eliminating discrimination. The discussion focuses on these obstacles and examines their implications for policy development and implementation. Research Implications: The findings of this study contribute to academic research and policy development by enriching the scientific discourse on gender equality and offering recommendations for integrating international standards into national legislation. This study not only provides a theoretical basis but also offers practical ideas for improving policies and legal frameworks. Originality/Value: This study sheds new light on the relationship between international legal standards and national legislation. It offers practical recommendations for advancing gender equality and supports the achievement of Sustainable Development Goal 5 (SDG 5) by promoting the empowerment of women.

Contract labour in mining and occupational health and safety: A critical review

Abstract In recent decades, there has been a global growth of the use of contract labour in the mining industry, primarily driven by cost/flexibility considerations. At the same time, contracting has been associated with poorer occupational health and safety (OHS) outcomes across a range of industries. Drawing on published research, theses, and government reports, this paper critically reviews the available evidence on the OHS effects of contract labour in mining and the likely implications of further growth in this trend. This evidence confirms that the use of contract labour is associated with worse OHS outcomes, and that the Ten Pathways and Pressure, Disorganisation, and Regulatory failure (PDR) models are both valuable in explaining this. The latter point is confirmed by a more detailed examination of four serious mine incidents in NSW and Queensland. The paper identifies some gaps and areas for further research as well as the actions that mining companies, regulators, and unions could take to improve contractor safety. Notwithstanding the latter, the paper argues that the most effective way of improving contractor safety in mines is reducing the use of contractors overall and concentrating their activities in areas such as major shutdowns/repairs, where contractors have specialised expertise to undertake non-routine tasks. Despite oft-repeated phrases such as zero-harm and management systems, the corporate shift to using contractors is primarily driven by cost-cutting and highlights how OHS is compromised by such priorities.

Implementation of Labor Law in the Era of Industrial Revolution 4.0 - Challenges and Solutions

The Industrial Revolution 4.0 has drastically transformed global industries, introducing advanced technologies such as automation, artificial intelligence, and digitalization into the workplace. This rapid technological shift has presented significant challenges for labor laws, which are often designed for traditional work environments. This study explores the implementation of labor law in the context of the Industrial Revolution 4.0, analyzing the challenges faced by both employers and employees in adapting to these new technological advancements. Using a qualitative methodology, this research employs a juridical review of existing labor laws, supported by an in-depth case study examining how these laws are applied in technology-driven industries. The findings indicate that labor laws often lag behind the technological advances, leading to gaps in legal protections for workers and ambiguities in employer obligations. The case study highlights specific instances where current labor regulations fail to address issues related to remote work, job displacement due to automation, and workers' rights in the gig economy. Solutions are proposed to modernize labor laws, ensuring they are adaptable to future technological developments while safeguarding workers' rights. The study concludes that there is an urgent need for legal reforms to balance innovation with fair labor practices in the era of Industry 4.0.

THE RELATIONSHIP BETWEEN FDI AND ECONOMIC GROWTH IN INDIA. A TIME SERIES APPROACH

Foreign Direct Investment (FDI) has gained importance after the second world war. In broader sense Foreign Direct Investment incorporates the establishment of up to date and advanced facilities, mergers and acquisitions, investing the profits earned from other overseas business activities, providing loans to other companies etc. In narrow sense the Foreign Direct Investment means investment in the country other than the investors own country. FDI can be better understood by studying the real reason that why the companies have shown interest in investing abroad rather than exporting and outsourcing their products to domestic firms. In due course of time many theories and approaches were developed to explain FDI. Although several researchers have tried to explain the phenomenon of FDI, we cannot say there is a generally accepted theory, every new evidence added some new elements and criticism to the previous ones. FDI in India is playing a noticeable role in the growth and development of the country. India is one of the important countries of the world which is able to receive substantial amount of FDI. The present study has made an effort to see the relationship between the FDI and Economic growth in India. GDP has proxies for economic growth. First the Johansen cointegration test result shows the long run relationship between variables and the Granger causality test result exhibits that there is unidirectional Granger causality between FDI and GDP. Next the Multiple Regression model result presents that the estimated coefficients on FDI & exports have a positive relationship with GDP. Therefore, it is statistically revealed that FDI and Exports are instrumental in influencing the level of economic growth in India. India is having certain drawbacks like Weak infrastructure, Complicated tax structure, Restrictive labor laws, Bureaucracy and Corruption. Unless and until these challenges are met with, India will never compete with China regarding FDI inflows. KEYWORDS: Foreign Direct Investment, Gross Domestic Product, Economic Growth.

Changes in the problem and subject field of labor sociology against the backdrop of the time challenges (Based on publications in the journal “Sociological Studies” over 50 years)

Trends in the problem and subject field of labor sociology were identified by referring to the Sociological Studies journal publications for 1974–2023. An array of 351 articles on labor sociology was selected for qualitative and quantitative content analysis. Eleven problematic subject areas of research were identified by the criterion of the leading target of the article’s text. Fourtime frames in Russian society and economic development over the past 50 years have been distinguished to identify the time challenges that vary in content. Each period was provided with a brief description of the content of the research problem and subject areas, as well as interpretations thereof with due consideration of the time challenges. Analysis of the publications permitted to reveal that by the criteria of how frequent and stable the sociologists’ referrals to the selected areas have been, the core, the margins, and the mobile realm may be identified in the Russian sociology of labor. The core is formed by the areas related to the studies of labor attitudes, labor incentives, labor values, employee behavior, and job satisfaction. The areas – whose principal object of study is labor itself, along with its role and significance in both the society and the employees’ values as well as social problems of work at the enterprise – are adjacent to the core. The margins are formed by rare areas of research such as the workers’ capacity to act, manifestations of independence and involvement in the organization’s affairs, problems of the socioeconomic standing of workers and degree of labor protection, labor culture, shortage and reproduction of workers. The mobile realm of labor sociology is composed by the areas treated generally depending on the context of time and the aggravation of particular problem situations (labor organization, labor relations, precarity of labor, etc). We observed adequate coverage of the critical time challenges in publications in all those time frames; however, that coverage was reactive and appeared to lack forward-looking ideas that are ahead of theory and practice.

Social dialogue as a contractual tool for regulating the right to work

The essence of social dialogue as a legal phenomenon has been analysed, with one of its main objectives being the implementation of contractual legal regulation of labour and social rights through reconciliation and compromises. Attention is drawn to international interest in the application of social dialogue procedures within the legal mechanism for ensuring the labour and social rights of workers. Focus is given to the form of social dialogue involving collective bargaining for the conclusion of collective agreements and contracts. The study provides a detailed analysis of certain conclusions made by the European Committee of Social Rights regarding reports from the member states of the European Social Charter (revised) on the compliance of their national legislation with the provisions of this Charter. Certain aspects of the implementation of the right to collective bargaining, enshrined in Article 6 §2 of this international treaty, are highlighted. Attention is drawn to the fact that if an industry agreement includes provisions allowing for the non-application of some of its clauses - thereby initiating a mechanism that restricts the right to work for individuals covered by this agreement or complicates the procedures for exercising the right to work - clear contractual legal conditions for applying these norms must be established. The parties to the industry agreement must define the conditions and procedures under which such a non-application clause may be invoked. The article examines the limitations of this right within the context of wage regulation. It is noted that if a collective agreement or contract has been duly concluded by the subjects of contractual regulation, any unilateral interference with its provisions can only be justified by the need to protect the rights of other workers or safeguard public interests, national security, public health, etc. The importance of improving collective contractual regulation of labour relations through mechanisms of social dialogue is emphasized, as the anticipated reform of labour legislation foresees an expansion of labour and social rights, which will need to be defined in collective agreements and contracts. The issue of the representativeness of the parties involved in social dialogue is addressed through an analysis of innovations in Ukrainian labour legislation.

Sportsman’s employment contract: problematic issues and prospects for their solution

Individual contractual regulation, which reflects the real needs of the development of relations between an employee-athlete and an employer-sports organization, plays an important role in regulating the labor activities of athletes. Thus, the employment contract concluded with an athlete contains a number of conditions that objectively and significantly individualize his work, i.e. conditions inherent only to this category of employees. Moreover, it enshrines differential conditions for each specifically defined employee­athlete. The purpose of the article is to consider the specifics of the labor contract concluded between an employee-athlete and an employer­sports organization. It was concluded that the labor relations of a professional athlete should be regulated precisely by the norms of labor law and a special law on professional sports, which regulates the entire complex of relations between the state and participants in professional sports, although today there are opinions that the work of professional athletes should be provided with the help of civil - legal regulation. It is noted that, as of today, the main national law in the field of sports - the Law «On physical culture and sports» dated 12.24.1993 concerns only the general foundations of activities in the field of physical culture and sports, at the same time, it does not even contain an acceptable definition of such a concept as «labor contract with a professional athlete». Therefore, it is proposed to supplement the specified Law with a norm to provide for the definition of an employment contract with a professional athlete. In particular, as an employment agreement between an employee­athlete and an employer-sports organization with all appendices, changes and additions, concluded in accordance with the legislation of Ukraine, on the basis of which labor relations arise regarding the preparation and participation of the athlete in competitions for a monetary reward paid by the club. At the same time, in addition to defining and enshrining at the legislative level the concept of an athlete’s employment contract, the proposal to develop a standard form of contract with athletes of various sports was supported, the development of which should be based on the main directions of the joint sports activities of the athlete and the sports organization, which directly consists in the preparation athlete to a successful performance at competitions.

Guarantees of Social Protection of Persons with Disabilities as a Component of Official Legal Status

The article explores and characterises the legislative guarantees of social protection for persons with disabilities among military personnel and individuals discharged from military service. It analyses national labour and social legislation regarding special pension programmes, employ­ment, social payments/assistance, and social services available in our country for persons with disabilities. The content of specific guarantees for military personnel and those equated to them, as determined by their service status, is highlighted, as emphasised by the Constitutional Court of Ukraine in its decisions. It is noted that such guarantees for individuals serving in the Armed Forces of Ukraine and other military formations apply not only during their service period but also after discharge. Based on the analysed normative acts, it is concluded that the issue of guaranteeing social protection for persons with disabilities, as a component of their special service status, can only be considered with the presence of proper legal confirmation of the impact of service-military activities on the person’s health. It is established that if a former military service member is recognised as a person with a disability due to a disease that arose after discharge from military or equivalent service, the causal link between such a disease and their past service activities must be established. It is emphasised that the legislator also defines additional special conditions for the onset of disability as a component of the grounds for receiving certain types of social protection. One of the conditions is the determination of the time frame for establishing disability after discharge from military service. It is emphasised that the use of time criteria as legal conditions for acquiring the right to social protection violates the constitutional principles of equality in the right to social protection and justice in society. Based on the analysis of the mechanism for providing employment-related social services to persons with disabilities discharged from military and equivalent service, it is concluded that this mechanism is imperfect and not adapted to the current realities in the country. The need to develop a social services system in Ukraine is stressed, one that, on the one hand, ensures effective socialisation and professional orientation for those discharged from military service due to disability, and on the other hand, takes into account the specific conditions under which the disability was acquired. A drawback in this system is highlighted - the lack of a mechanism to involve employers in the process of socialisation and professional adaptation of the individual. It is noted that merely legislating the obligation to create jobs for persons with disabilities is an insufficient measure for facilitating the professional and social rehabilitation of individuals. Proposed are appropriate amendments to the legislation on the social protection of persons with disabilities.

Language and education in migration policy: the inter-state model

Regarding the various indications such as social, cultural, political, educational, and labor policies of the host country for family migration, the present study discussed the index of inclusivity in psychosocial and educational immigration policies. The study aimed to propose how social and educational vulnerabilities of migrants should be addressed. To achieve this, the study examined the current status (state) and potential improvements in psychosocial and educational migration policies in terms of inclusivity. A wide range of materials including articles, news reports, journal pieces, legal documents from Europe and North America, specifically the EU, were analyzed to provide a comprehensive view of the subject. The study also utilized Selinker's Interlanguage theory from Second Language Acquisition to compare with migration policy in answering research questions. Through dynamic review, thematic analysis, and qualitative research design, the study concluded that the index of inclusivity is evolving and should be implemented in various aspects of migration policy. As a result, a model for education in migration policy, named "The Inter-state Model," was proposed. This model aims to provide clarity on the role and support of migration policies for migrants, particularly vulnerable populations. / Keywords: moderate inclusive education, transmigration, assimilation, diversity, migration policy, inter- state migration model

Some Legal Aspects of Labor Protection when Working with Animals

According to government statistics, more than 6% of the total number of employees can be employed in the field of animal care, and the work of this area affects the health and well–being of a wide range of people - consumers of livestock products, visitors to leisure facilities where animals are exhibited and performed. The legislator has developed the relevant rules on labor protection, which are the subject of this article. Judicial practice is also considered, examples of the occurrence of administrative, civil, disciplinary and criminal liability related to violations of labor protection requirements are given. The conclusion is made about the effectiveness of the existing norms.

Проблемы правового регулирования деятельности профсоюзных организаций

In accordance with the current labour legislation the problems of the position of trade union organisations are analysed. The norms of labour legislation of the RussianSoviet Federative Socialist Republic and the Russian Federation are studied. Attention is paid to the analysis of court decisions on the cases connected with public relations with the participation of trade union organisations.

Collective Bargaining for the 'New' Working Class: Putting Personal Work Relations to Work for Street Vendors

Abstract Robert Hale’s famous proposition is that the propertyless man needs to eat and in order to eat, he exchanges his labour for access to property. Indeed, labour law is constituted by these property relations. Historically, most of the workforce (in the global North) has accessed property for livelihood purposes through an employment contract. However, in developing countries, most of the workforce is structurally unable to access property for livelihood purposes by means of an employment contract. These worker-citizens nevertheless need access to property to eat; street vendors need access to public space to trade. The question is whether the scope of labour law, particularly the institution of collective bargaining, can expand to include informal self-employed workers? The article discusses the capability, regulatory, human rights and personal work relations theories; it shows that Freedland and Kountouris’ theory of ‘labour law as personal work relations’ could incorporate informal self-employed workers and illustrates how it might be operationalized to realise collective bargaining laws for street vendors. Informal self-employed workers challenge labour law to examine its assumptions of how property relations are constituted; and to re-theorise property relations to account for workers accessing property by means of an employment contract as well as accessing property based on worker-citizens making rights-based claims.

Civil liability of the sole executive body of a business company: correlation with labor and tax law institutions

In modern conditions of business turnover, characterized by the desire of business entities to achieve the benefits and goals of social corporate responsibility, the issues of preserving the balance of interests of parties that have a diversified status are of particular relevance. Such subjects include the general director, who is simultaneously a management body, an employee and a taxpayer, being in relations with a business company regulated by both corporate, labor and tax law norms, which allows to qualify his status as a diversified one. The issue of correlation of the norms of three branches of law in relation to the status of the chief executive officer (CEO) through the prism of the institute of civil liability in the form of compensation for losses caused to the company by incentive (bonus) payments to the CEO is considered. The article assesses the law enforcement practice in disputes concerning the recovery of this category of losses from the director, where the courts give priority to the norms of corporate law without taking into account the explanations of the Constitutional Court of the Russian Federation on the unconditional right of an employee to receive bonuses, which are a variable component of salary. The court approaches are analyzed and their justifications are given with regard to the inclusion of the amounts of personal income tax paid by the company to the budget of the Russian Federation into the damages recovered from the CEO. The conclusions are made about the priority importance of labor and tax legislation norms in correlation with corporate law norms when applying the institute of directors’ indemnification for losses. The results of the study can be used for the development by the Supreme Court of the Russian Federation of appropriate explanations to the courts of lower instances on consideration of disputes on the recovery of losses from the sole executive body of a business company.