Email this article Topical Issues of Judicial Law Enforcement in Labor Disputes Contesting Classes (Subclasses) of Working Conditions of an Employee
- Authors: Galaeva L.A.1, Khnyreva E.S.1
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Affiliations:
- Ogarev Mordovian State University
- Issue: Vol 15, No 7 (2022)
- Pages: 77-84
- Section: Articles
- URL: https://journal-vniispk.ru/2072-3164/article/view/147762
- ID: 147762
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Abstract
The article analyzes the features of resolving labor disputes related to appealing (challenging) the results of a special assessment of working conditions and restoring the employee's rights to reduced working hours and additional leave. The authors focus on the problems of judicial enforcement, in particular, during the state examination of working conditions, in which the results of a special assessment of working conditions are disputed. An analysis of the current labor legislation and legislation on a special assessment of working conditions allowed the authors to identify the problems of legal regulation of the revision of the procedure for remuneration in connection with an additional agreement signed by the employee to the employment contract based on the results of the SOUT. The methodological basis of the study was the formal legal method, the use of which contributed to the disclosure of the specifics of the consideration of labor disputes related to challenging the results of the SAUT, as well as significant gaps and problems in the legal regulation of the studied sphere of social and labor relations.
Keywords
special assessment of working conditions, attestation of workplaces, state examination of working conditions, class of working conditions, subclass of working conditions, employment contract, supplementary agreement to the employment contract, normal working hours, reduced working hours, overtime work, acts of social partnership
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##article.viewOnOriginalSite##About the authors
Lyudmila Anatolyevna Galaeva
Ogarev Mordovian State University
Email: vikanayka@mail.ru
Cand.Sci.(Law), Associate Professor, Associate Professor of the Civil Law and Procedure Department Saransk, Russia
Elena Sergeevna Khnyreva
Ogarev Mordovian State University
Email: hnyreva@rambler.ru
Master student of the Civil Law and Procedure Department Saransk, Russia
References
- Aleksandrov S.V. Problematic aspects of providing guarantees and compensations for work in harmful and (or) dangerous working conditions// Labor law in Russia and abroad. 2020. №2 . P.47-49.
- Averin A. V. Judicial law enforcement and the formation of the scientific and legal consciousness of judges (problems of theory and practice): Abstract of the thesis. dis. …..doc. legal Sciences, Saratov, 2004. 52 p.
- Alekseev S.V., Antonova N.V., Kamenskaya S.V., Korshunova T.Yu. // Scientific and practical commentary on Section VI of the Labor Code of the Russian Federation (chapters 20-22) "Payment and labor rationing" (edited by PhD in Law T.Yu. Korshunova) // Institute of Legislation and Comparative Law under the Government Russian Federation. - M .: Law Firm Contract LLC, 2020. - 144 p. // SPS "GARANT".
- Golovina S.Yu. Constitutional principles in the sphere of labor and their concretization in labor legislation // Russian legal journal. 2015. No. 1 P.132-145.
- Sokolenko N.N., Efimkova K.S. Implementation of guarantees in the field of labor protection: some aspects of legal regulation // Issues of labor law. 2020. No. 2. P. 48.
- Chudakova E.A. Some problems of application of legislation on special assessment of working conditions // Labor law in Russia and abroad.2015. No. 2. P.50-53.
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