MATERIAL LIABILITY OF THE EMPLOYER FOR HIS DELAY OF THE ENFORCEMENT OF DECISIONS OF BODIES EXECUTING THE INDIVIDUAL LABOR DISPUTES ON REINSTATEMENT OF THE EMPLOYEE IN HIS PREVIOUS JOB
( Pp. 142-148)
More about authors
Viktor T. Savin
Cand.Sci.(Law), Associate Professor, Professor of the Department of Land, Labor and Environmental Law
Kuban State Agrarian University
Krasnodar, Russia
Kuban State Agrarian University
Krasnodar, Russia
Abstract:
The article is devoted to the substantiation of the necessity of increasing the level of the employer liability under the third paragraph of the Article 234 of the LC of the RF. The object of the research is social relations on material responsibility of the employer for his non-fulfillment of decisions of bodies on consideration of individual labor disputes on reinstatement of the employee in the previous work. The issues associated with the concept of the employer liability established by the specified rule and with the current state and further development of labor legislation governing the material liability of the employer are the subject of the research. The main attention is paid to the analysis of the content of this norm, which is characterized by a lack of certainty and clarity, which reduces the effectiveness of the legal mechanism of protection of labor rights and legitimate interests of employees in the case of illegal deprivation of their ability to work. The methodological basis of the conducted analysis of this type of the employer liability was as follows: general scientific dialectical method, general scientific methods (systemic-structural, functional, methods of analysis and synthesis, induction and deduction), and special scientific methods (historical-legal, comparative legal, formal-logical). The novelty of the research is to improve the legal framework of the employer liability for failure to comply with decisions of the aforementioned bodies. The author makes the main conclusion that the legislator should amend the codified act on work the paragraph 3 of article 234 of the LC of RF reconstructed by him that will contribute to the enrichment of the scientific doctrine of the liability of the employer and the establishment of a good regulatory framework providing the appropriate legal regulation of the liability of the employer for illegal deprivation of the employee's right to work.
How to Cite:
Viktor T.S., (2016), MATERIAL LIABILITY OF THE EMPLOYER FOR HIS DELAY OF THE ENFORCEMENT OF DECISIONS OF BODIES EXECUTING THE INDIVIDUAL LABOR DISPUTES ON REINSTATEMENT OF THE EMPLOYEE IN HIS PREVIOUS JOB. Gaps in Russian Legislation, 8 => 142-148.
Reference list:
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Kommentariy k Trudovomu kodeksu Rossiyskoy Federatsii / Pod red. K.N. Gusova. - M.: TK Velbi, Izd-vo Prospekt, 2008. - 896 s.
Kurennoy A.M. Material naya otvetstvennost storon trudovogo dogovora // Zakonodatel stvo. № 5. 2003.
Ozhegov S.I. Slovar russkogo yazyka. - M.: Izd-vo Sovetskaya entsiklopediya , 1972. - 846 s.
Orobets V.M., YAkovlev D.A. Trudovoe pravo: Uchebnoe posobie. - SPb.: Piter, 2008. - 272 s.
Peshkova O.A. Material naya otvetstvennost storon trudovykh pravootnosheniy: Teoriya i praktika. - M.: Os -89, 2007. - 256 s.
Trudovoe pravo: Uchebnik / Pod red. O.V. Smirnova. - M.: OOO TK Velbi , 2003. - 528 s.
Keywords:
the employer, employee, liability, the deprivation of the worker of the right to work, jurisdictional authorities, bodies of administrative jurisdiction, the state labour inspector, reinstatement of the employee at work, delay execution of the decision.
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