The types of employer - natural person in the field of labor relations
( Pp. 102-108)

More about authors
Savin Sergey Viktorovich Cand.Sci.(Law), Associate professor, Associate Professor of the Department of State and Legal Disciplines, North Caucasus Branch.
University of Justice
North Caucasus Branch, Krasnodar, Russia Savin Viktor Tikhonovich Cand.Sci.(Law), Associate Professor, Professor of the Department of Land, Labor and Environmental Law Hirsch Index — 5
Kuban State Agrarian University
Krasnodar, Russia
Abstract:
In the article, the object of research is labor and directly related relations that determine the composition of the subjects of these relations, among which the employer-an individual is of particular interest. The subject of the study is the problem of classifying a given participant in labor relations into certain types and establishing a specific composition of individuals of each type, whose subjects have a specific legal status that allows them to be distinguished from other types of employers-individuals. In this case, the authors analyze the legal typology of employers - individuals, linked-tion with their division into two kinds, which is enshrined in paragraph 5 of article 20 of the labour code; have sufficient place in science employment law position of scholars Trudoviks on the water; the possibility of head of peasant (farmer) economy, private but Tarius, a lawyer, founded a lawyer office, private Auditor and a private investigator to be employers - individual entrepreneurs; and individuals who form part of the second type of employers - individuals. The novelty of the work consists in the fact that for the first time in the science of labor law, a study is conducted specifically devoted to the types of employer-individual, which substantiates the presence in the field of labor relations, in contrast to their legislative classification, of three types of individuals acting as employers-individuals. A special contribution of the authors to the study of the concept of labor law on the types of employer-individual is their conclusion about its insolvency, due to the inconsistent approach of the legislator to the assessment of professional activities performed by various specialists on the basis of federal laws, and with the shortcomings of labor legislation. In this regard, proposals are made for its improvement, aimed at forming a full circle of individuals who use the hired labor of other citizens, as well as contributing to the division of this circle into certain types of employers-individuals.
How to Cite:
Savin S.V., Savin V.T., (2021), THE TYPES OF EMPLOYER - NATURAL PERSON IN THE FIELD OF LABOR RELATIONS. Gaps in Russian Legislation, 1 => 102-108.
Reference list:
Aktual nye problemy trudovogo prava: uchebnik dlya magistrov / otv. red. N. L. Lyutov. - M.: Prospekt, 2018.
Kazakova G. N. Problemy pravosub ektnosti rabotodatelya: Avtoref. dis.. kand. yurid. nauk. - SPb., 2005.
Kommentariy k Trudovomu kodeksu RF / pod red. K. N. Gusova. M.: TK Velbi, Izd-vo Prospekt, 2008.
Lebedev V. M., Voronkova E. R., Mel nikova V. G. Sovremennoe trudovoe pravo (Opyt trudopravovogo komparativizma). Kniga pervaya. - M.: Statut, 2007.
Osobennosti regulirovaniya truda otdel nykh kategoriy rabotnikov. Kommentariy k razdelu XII Trudovogo kodeksa Rossiyskoy Federatsii / pod obshch. red. YU. P. Orlovskogo. - M.: YUridicheskaya firma Kontrakt , 2011.
Prava rabotodateley v trudovykh otnosheniyakh / pod red. A.F. Nurtdinovoy, L.A. CHikanovoy. M.: Eksmo, 2010.
Savin V. T. Vliyanie dualizma pravovogo polozheniya glavy krest yanskogo (fermerskogo) khozyaystva na vozmozhnost privlecheniya ego k material noy otvetstvennosti po normam trudovogo prava // Trudovoe pravo v Rossii i za rubezhom. № 4. 12/2013.
Tal L.S. Trudovoy dogovor: Vnutrenniy pravoporyadok khozyaystvennykh predpriyatiy. TSivilisticheskoe issledovanie. CH. 2. YAroslavl : Tip. Gub. Pravl., 1918.
Trudovoe pravo: uchebnik / pod red. O. V. Smirnova. M.: TK Velbi, 2003.
Keywords:
types of employer, employee, employer, employer-individual, employer-individual entrepreneur, head of a peasant (farm) farm, private notary, lawyer, private detective, individual auditor, employment contract.


Related Articles

1. Employment Law; Right to social security Pages: 13-19 Issue №4641
PROBLEMS OF LEGAL NORM STRUCTURE REGULATINGTHE MATERIAL OBLIGATION OF THE EMPLOYER FOR ILLEGAL DEPRIVATION OF AN EMPLOEE TO WORK
employee the employer liability damages material liability of employer
Show more
8. Criminal procedure Pages: 158-162 Issue №9342
PROSPECTS OF IMPROVEMENT OF INSTITUTE OF ADVOCATE'S INVESTIGATION
lawyer advocacy attorney investigations criminal procedure law
Show more
11. Criminal law and criminology; Criminal enforcement law Pages: 182-187 Issue №3758
CONCEPT OF THE EMPLOYEE OF LAW ENFORCEMENT AGENCY OF THE RUSSIAN CRIMINAL LEGISLATION
the law enforcement officer law enforcement agencies criminal law right special subject of the crime
Show more
11. Theory and history of law and state; History of law and State teachings Pages: 158-161 Issue №7176
THE MANIFESTATIONS OF INFANTILISM IN THE LEGAL ENVIRONMENT LAW
lawyer the sense of justice infantilism legal psychology legal ideology
Show more
15. Employment Law; Right to social security Pages: 182-185 Issue №10621
LEGAL ASPECT OF EMPLOYEE’S DISMISSAL AT THE INITIATIVE OF EMPLOYER WITHOUT VIOLATION OF A LABOR CONTRACT BY A WORKER
dismissal staff reductions employee the employer employment contract
Show more
12. OTHER Pages: 164-169 Issue №2490
The rule of law in the units of internal affairs bodies and their regulation
administrative security office citizen discipline
Show more
6. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 170-174 Issue №6840
The subjects of the initiative of the employee transfers to another work
The labour code of the Russian Federation employment contract the terms of the employment contract the change of certain parties of the employment contract the transfer to another job
Show more
9. JUDICIAL, PROSECUTORIAL, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES (12.00.11) Pages: 226-229 Issue №18617
Head of the formation of the personnel of the criminal executive system of the Russian Federation
head employee duties public service penal enforcement system
Show more
8. Employment Law; Right to social security Pages: 179-182 Issue №5694
THEORETICAL ASPECTS OF CHANGES OF CONDITIONS OF EMPLOYMENT CONTRACT
The labour code of the Russian Federation employment contract the terms of the employment contract the change of certain parties of the employment contract the transfer to another job
Show more
6. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 159-166 Issue №6840
Legal regulation of an employee’s transfer to a permanent job to another employer
employee the employer the will of the employee the will of the employer the agreement
Show more