Suspension of a labor contract

 
PIIS102694520026146-1-1
DOI10.31857/S102694520026146-1
Publication type Article
Status Published
Authors
Occupation: Chief Researcher of the Procedural Law Sector of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 6
Pages91-98
Abstract

The article deals with the problems of legal regulation of the statics and dynamics of labor relations. An analysis of scientific research on the suspension of an employment contract is carried out. The necessity of fixing the suspension of the employment contract as an institution or sub-institution of labor law is substantiated. It is proposed to fix the legal definition of the relevant concept in a separate article of the Labor Code of the Russian Federation, indicating the main forms of suspension of the employment contract through references to other articles of the Labor Code of the Russian Federation. It is argued that the institution of suspension of an employment contract is supplemented with norms regarding workers involved in the performance of work in order to ensure the defense of the country and the security of the state, their enrollment in special formations during the period of mobilization and in wartime, involved in the performance of work for the needs of defense, liquidation of the consequences of the use of enemy of weapons, restoration of damaged (destroyed) economic facilities, life support systems and military facilities, in the fight against fires, epidemics and epizootics, joining special formations and units of territorial defense during the period of martial law, as well as those called up for military service.

Keywordslabor contract, labor relations, suspension, work of athletes, mobilization, contract, suspension from work, vacation
Received25.11.2022
Publication date30.06.2023
Number of characters26291
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1. Aleksandrov N.G. Labor relations. M., 1948 (in Russ.).

2. Bugrov L. Yu. Understanding the labor contract in the institutional aspect // The current state of Russian legislation: problems and ways of improvement: abstracts of reports of the International Scientific and Practical Conference. Perm, 2009. P. 427 (in Russ.).

3. Bugrov L. Yu. Suspension of an employment contract // Russ. legal journal. 2009. No. 1. P. 112, 114, 118 - 123 (in Russ.).

4. Vishnyakova M.A. Statics and dynamics of labor relations // Herald of the Omsk University. Ser. “Law”. 2014. No. 3 (40). P. 135 - 138 (in Russ.).

5. Galuzo V.N. On the expediency of the separation of Sports Law in the system of law of the Russian Federation // International journal of Civil and Commercial Law. 2020. No. 1. P. 19 - 21 (in Russ.).

6. Dzyubak A.V., Letova N.V., Sokolova T.V., Chucha S. Yu. Review of the “Round Table” on the topic “Actual problems of legal regulation of relations in the field of sports” // State and Law. 2021. No. 6. P. 205 - 208. DOI: 10.31857/S102694520015036-0 (in Russ.).

7. Drachuk M.A. Suspension of an employment contract (in relation to the rules on rest time and labor discipline) // Herald of the Perm University. 2010. Issue 1 (7). P. 69, 70, 72 (in Russ.).

8. Izbienova T.A., Tselishchev A.A. Suspension of an employment contract as a mechanism for ensuring the “stability” of labor relations // Labor Law. 2009. No. 8. P. 88 - 90 (in Russ.).

9. Kiselev I. Ya. Foreign Labor Law. M., 1998. P. 100, 101 (in Russ.).

10. Kichigin S.V. Suspension of the validity and suspension of the execution of the employment contract // Actual problems of the Russian law. 2020. Vol. 15. No. 4. P. 91 - 98. DOI: 10.17803/1994-1471.2020.113.4.091-098 (in Russ.).

11. Krivoy V.I. Change of the employment contract. Minsk, 1998. P. 49 (in Russ.).

12. Course of Russian Labor Law. Vol. 3: Labor contract / scientific ed. E.B. Khokhlov. SPb., 2007. P. 510, 511 (in Russ.).

13. Lushnikov A.M., Lushnikova M.V. Course of Labor Law: textbook: in 2 vols. Vol. 2: Collective Labor Law. Individual Labor Law. Procedural Labor Law. M., 2009. P. 334, 335, 337 (in Russ.).

14. Lushnikov A.M., Lushnikova M.V. Course of Labor Law: textbook: in 2 vols. Vol. II: Labor rights in the human rights system. M., 2004. P. 169 (in Russ.).

15. Nesterova T.A. Suspension of individual labor relations and suspension from work under Russian legislation on the prosecutor’s office // Jurisprudence. 2002. No. 1. P. 88 - 97 (in Russ.).

16. Platonova T.V. Suspension of an employment contract as a measure to combat the crisis // Law and the State: Theory and Practice. 2010. No. 3. P. 62 (in Russ.).

17. Skobelkin V.N. Labor relations. M., 1999 (in Russ.).

18. Soyfer V.G. The problem of the development of labor relations in labor market conditions. M., 2005. P. 202 - 257 (in Russ.).

19. Chucha S. Yu. Social partnership in the field of regulation of labor and other directly related relations // State and Law. 2022. No. 1. P. 130 - 142. DOI: 10.31857/S102694520018280-9 (in Russ.).

20. Casale G. The Labour Law Challenges: In Search of a Balance Between Flexibility and Security. Hard vs. Soft Law? // Labour and Social Security Law in the ХХI Century: Challenges and Perspectives / T. Davulis, D. Petrylaite. Vilnius, 2007. P. 131–144 (in Russ.).

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