Problems of payment of time of non-fulfillment of work in the case of self-defense of workers of labor rights
( Pp. 84-89)

In this article the object of research is public relations arising in the connection with the realization of a right by a worker on refuse of non-fulfillment of work with the aim of self-defense of labor rights. The subject of the research makes up of theoretical regulations on the conception of the legal regulation of payment of time of idle time of a worker connected with the non-fulfillment of labor charges by them at the defense of labor rights. The author consider the questions connected with the establishment of all cases of the refuse of a worker from work; established the order of payment of time of non-fulfillment of labor charges by a worker by a law in these cases; acceptance of the worker’s non-fulfillment by a legislator, conducting of comparative analysis of idle time with time of non-fulfillment of labor function by a worker in the moment of defense of labor rights by them; consideration of refuses of a worker from work to deprive a worker a possibility to work dragging the material responsibility of a worker. The main conclusions of the conducted research are the following: a question on a payment of time of non-fulfillment at the self-defense of labor rights in the labor legislation has not solved yet; time of non-fulfillment of labor charges of a worker in the case of implementation of the self-defense of labor rights by them is impossible, as a legislator does, estimate as idle-time in work; this time an employer must pay not in the size of the two third of an average salary of a worker but at the full extent without any limitations. The introduction of specific offers directed to the improvement of norms of labor legislation regulating the payment of time of non-fulfillment of work in the case of the self-defense of labor rights by a worker is a specific distribution of the author in the subject of the research.

Viktor T.S., (2015), PROBLEMS OF PAYMENT OF TIME OF NON-FULFILLMENT OF WORK IN THE CASE OF SELF-DEFENSE OF WORKERS OF LABOR RIGHTS. Gaps in Russian Legislation, 3 => 84-89.

Geykhman V.L. Trudovoe pravo: uchebnik dlya vuzov / V.L. Geykhman, I.K. Dmitrieva. M.: Izdatel stvo YUrayt; ID YUrayt, 2011. - 523 s.
Kommentariy k Trudovomu kodeksu RF / Otv. red. YU.P. Orlovskiy. M.: YUridicheskaya firma KONTRAKT , INFRA-M , 2002. - 959 s.
Kommentariy k Trudovomu kodeksu RF / Pod red. K.N. Gusova. M.: TK Velbi, Izd -vo Prospekt, 2008. - 896 s.
Kommentariy postateynyy k Trudovomu kodeksu RF / Otv. red. N.G. Gladkov, I.O. Snigireva. M.: Profizdat, 2006. - 1032 s.
Savin V.T. Problemy konstruktsii pravovoy normy, reguliruyushchey material nuyu otvetstvennost rabotodatelya za nezakonnoe lishenie rabotnika vozmozhnosti trudit sya // Biznes v zakone. 2014. № 6. - S. 13 - 19.
Trudovoe pravo Rossii: Uchebnik / Otv. red. YU.P. Orlovskiy i A.F. Nurtdinova. M.: YUrid. firma KONTRAKT ; INFRA-M , 2014. - 648 s.
Trudovoe pravo Rossii: uchebnik / Pod red. S.P. Mavrina, E.B. KHokhlova. M.: Norma: INFRA-M, 2013. - 608 s.
CHikireva I.P., KHil chuk E.L. Trudovoe pravo Rossiyskoy Federatsii: uchebnoe posobie. M.: Prospekt, 2010. - 624 s.

employee, the employer, self-defense of labor rights, refusal to work, simple employee, warranty, payment of downtime, liability.