Совершенствование трудового законодательства как основа эффективного функционирования договорного регулирования трудовых отношений и иных непосредственно связанных с ними отношений

2017 
The article is devoted to an topical problem of labour law of the Russian Federation - a lack of improvement of legislative framework regulation of labour relations and other directly related relations which leads to deterioration of the legal status of workers. This situation determines the need to analyse the different forms of this issue with a view to making recommendations to improve the labour legislation in the sphere of definition of the goals and objectives of the regulation of labour relations and other directly related relations. The need for this optimization is dictated by the need to achieve an optimal balance between the interests of employers and employees. The article distinguishes between six forms of the problem, namely: the absence of optimal formulation of the goals and objectives of the legal regulation of labour and other directly related relations; a mismatch of contractual regulation of labour and other directly related relations goals and objectives of the labour legislation; the contradiction between the goals and objectives of the labour law, on the one hand, and the fundamental principles of legal regulation of labor and other directly related relations, on the other hand; the underestimation of the role and importance of written agreements on full material liability of employees; the actual failure that apprenticeship is a form of regulation; the presence of the inconsistency of Article 419 of the LC RF "Types of liability for violation of the labour legislation and other acts containing rules of labour law articles 91 LC RF "The concept of working time. The normal duration of working time" and Art. 189 of the LC RF "Labour discipline and work schedule."
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