About Some Problem Issues of Changes and Termination of Distance Labor Relationship

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article discusses the issues of regulating remote labor relations. An analysis of the level of use at the current stage of development of society and labor of such a special type of labor relationship as a remote labor relationship and an analysis of the attitude of employees and employers to remote work was carried out. The application of the rules governing remote legal relations and changes in legislation, including those relating to the dismissal of a remote worker at the initiative of the employer, the transfer of an employee to remote work and the return from such work are analyzed. The various points of view of scientists in the field of labor law on issues directly related to distance labor legislation and the doctrine of distance labor relations were studied and conclusions were drawn. A legal assessment is given of the actions of employers who consider remote work a privilege and use remote work as a measure of coercion against workers. The positions of various courts are considered on the application of norms governing the issues of remote labor relations. Proposals were formulated to consolidate the inadmissibility of using remote work as a measure of influence on workers, both theoretical and specific proposals were formulated to change labor and administrative legislation, and it was proposed to consider the possibility of preparing the necessary clarifications by the responsible authorities on the issues discussed in the article.

Full Text

Restricted Access

About the authors

Vladislav V. Aksenov

Russian State University of Justice

Author for correspondence.
Email: uss311@yandex.ru

Postgraduate Student

Russian Federation, Moscow

References

  1. Lyutov, N. L. New remote work regulations: have old problems been solved? Lex Russica. 2021;(6):36-45. (In Russ.)
  2. Smirnova, M. S., Listratov, I. V. Analysis of violations of the labor rights of citizens in the remote working organization. Pravo i politika = Law and Politics. 2023;(3):1-12. (In Russ.)

Supplementary files

Supplementary Files
Action
1. JATS XML

Согласие на обработку персональных данных

 

Используя сайт https://journals.rcsi.science, я (далее – «Пользователь» или «Субъект персональных данных») даю согласие на обработку персональных данных на этом сайте (текст Согласия) и на обработку персональных данных с помощью сервиса «Яндекс.Метрика» (текст Согласия).