Suspension of the employment contract: legal nature and perspectives of law enforcement
https://doi.org/10.24147/2542-1514.2018.2(4).137-143
Abstract
The subject of the paper is legal nature of suspension of the employment contract.
The main aim of the paper is to confirm or disprove the hypothesis that it would be reasonable to provide for the possibility of suspension of the employment contract.
The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as particular academic legal methods (formal-legal method, interpretation of legal acts). The main results and scope of their application. Changes in industrialization and the global economic crisis inevitably lead to the fact that the standard schemes of relations between the employee and the employer do not meet the requirements of modern times. It needs to revise the structures of regulation of labour relations in Russian labor law. The suspension of an employment contract must be temporary and must continue until the circumstances giving rise to the suspension have been eliminated. The usage suspension of the employment contract entails the need for direct determination of the following guarantees for employees for the entire period: preservation of the employee's place of work (position); prohibition of dismissal of an employee on the initiative of the employer; inclusion of suspension period in the length of seniority for annual basic paid leave; preservation of the employee’s right to get a job with another employer on a part-time basis. The usage of suspension of the employment contract will allow to regulate new forms of employment activity: temporary redeployment of the employee to another employer and secondment into the labor law.
Conclusions. It would be reasonable to provide for the possibility of suspension of the employment contract.
About the Author
M. Vishnjakova
Dostoevsky Omsk State University
Russian Federation
lecturer, Department of Labor Law
Russian Federation
lecturer, Department of Labor Law
References
1. Bondarenko E. N. The dynamics of the employment relationship. Moscow, NORMA Publ., INFRA-M Publ., 2015. 192 p. (In Russ.).
2. Ershova E. Labor relations of the state civil and municipal employees in Russia. Moscow, Statute Publ., 2008. 668 p. (In Russ.).
3. Izbienova T.A., Tselishchev, A.A. The suspension of the employment contract as an ensuring mechanism of the "stability" of labor relations. Trudovoe Pravo = Labor Law, 2009, no. 8, 86-90 pp. (In Russ.).
4. Bugrov L.Yu. Suspension of the employment contract. Rossijskij yuridicheskij zhurnal = Russian law journal, 2009, no. 1, 112-124 pp. (In Russ.).
5. Frenkel E.B. (Ed.). Labor and social law of foreign countries: basic institutions. Comparative legal research. Moscow, Yurist Publ., 2002. 687 s. (In Russ.).
6. Features of legal regulation of labor under the legislation of Russia and France. Comparative legal research: monograph. Nizhny Novgorod, Nizhny Novgorod state University Publ., 2016. 115 pp. (In Russ.).
7. Bugrov L.Yu. The Employment contract in Russia and abroad. Perm, 2013. 642 p. (In Russ.).
8. Features of regulation of athletes’ and trainers’ work in Russia. Trudovoe pravo v Rossii i za rubezhom = Labor law in Russia and abroad, 2010, no. 1, pp. 41-51. (In Russ.).
9. Pozin A.A. Peculiarities of transfer or reinstatement in the Department of the Ministry of the interior. Rossijskij sledovatel' = Russian investigator, 2013, no. 20, pp. 42-46. (In Russ.).
10. Bessarabov V. G., Kashaev K. A. Protection of human and civil rights and freedoms by the Russian Procuracy. Moscow, Gorodets Publ., 2007. 464 p. (In Russ.).
11. Zakharov I. V. Features of exercise of the powers of local government’s elected officials by the staff of the bodies of internal affairs in the Russian Federation. Konstitucionnoe i municipal'noe pravo = Constitutional and municipal law, 2011, no 8, pp. 62-65. (In Russ.).
12. Akchurin Z.H., Fedulova M.N. Topical issues of legal regulation of military service not in military positions. Pravo v Vooruzhennyh Silah = Law in the Armed Forces, 2006, no. 5, pp. 8-14. (In Russ.).
13. Gusov K.N., Krylov K.D., Lushnikov A.M. et al. Labor agreements within the labour law: textbook. Moscow, Prospect Publ., 2010. 256 p. (In Russ.).
14. Astrakhan E.I., Karinskii S., Starczeva A. The role of the Soviet labour law in the planned staffing of the national economy. Moscow, Gosyurizdat Publ., 1955. 192 p. (In Russ.).
15. Golovina S.U. On some trends in the development of labor law in Russia with modern economic conditions in: Abshilava G.V., Akinfieva V.V., Afanas`ev A.B. The fifth Congress of the Perm legal scholars: featured content. Moscow, Statut Publ., 2015. 400 p. (In Russ.).
Review
For citations:
Vishnjakova M. Suspension of the employment contract: legal nature and perspectives of law enforcement. Law Enforcement Review. 2018;2(4):137-143. https://doi.org/10.24147/2542-1514.2018.2(4).137-143
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