The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation
The problem of the validity of the differentiation of legal regulation of parttime work within the framework of the current Labor Code of the Russian Federation is based on the idea of this phenomenon that was developed in the Soviet period of history. Modern socio-economic conditions require a si...
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Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law
2021-04-01
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doaj-867d24ef6ab24f7f94849c13b93e32c62021-04-15T09:17:13ZengUral Branch of the Russian Academy of Sciences, Institute of Philosophy and LawАнтиномии2686-72062686-925X2021-04-01211789810.24412/2686-7206-2021-1-78-98The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation Sergey V. Kichiginhttps://orcid.org/0000-0003-0187-145XThe problem of the validity of the differentiation of legal regulation of parttime work within the framework of the current Labor Code of the Russian Federation is based on the idea of this phenomenon that was developed in the Soviet period of history. Modern socio-economic conditions require a significant transformation of this institution of labor law on the basis of an adequate reflection in the norms of labor law of the changed living conditions of a person and society. Within the framework of this study, an attempt was made, based on the understanding of the term “secondary job” in the current labor legislation and the labor law science, to identify essential differences between secondary job and main job, i.e. to reveal objectively existing conditions of secondary job from the main job, which were the reason for differentiation of legal norms, regulating secondary job. In the course of the analysis of the legal norms governing the institute of secondary job, the analysis of the achievements of the science of domestic labor law and judicial practice, taking into account the history of legal regulation of this institution, it was found that the existing signs (characteristic features) of secondary job are either an external sign that does not reflect the internal nature of the phenomenon, or represent a discriminatory norm based on the simple fact of recognizing a particular job as secondary job. As a result, it was concluded that it was unreasonable to single out secondary job in a separate category, and the existence of a special chapter of the Labor Code of the Russian Federation, dedicated to the peculiarities of regulating the labor of persons working secondary job, was groundless. As a practical recommendation, the author suggests adjustment of the provisions of labor legislation. It is proposed to abandon the traditional understanding of the term “part-time”, which implies the main and additional work, it is proposed in this situation to talk about the simultaneous presence of an employee of two or more equivalent employment contracts, none of which has priority over the others. It was proposed to move from limiting the time of part-time work to the establishment of a general maximum working time at all available jobs for the employee; to attribute the solution of the issue of simultaneous or separate granting of leave to an employee who has several places of work on a contractual basis (with the involvement of trade union organizations); to abolish a number of discriminatory norms currently in force against part-time workers.secondary jobsigns of secondary jobmain jobmain place of worksigns of main jobdifferentiation of legal regulationwork bookelectronic work book |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Sergey V. Kichigin |
spellingShingle |
Sergey V. Kichigin The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation Антиномии secondary job signs of secondary job main job main place of work signs of main job differentiation of legal regulation work book electronic work book |
author_facet |
Sergey V. Kichigin |
author_sort |
Sergey V. Kichigin |
title |
The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation |
title_short |
The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation |
title_full |
The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation |
title_fullStr |
The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation |
title_full_unstemmed |
The Legal Nature of the Institute of Secondary Employment and the Validity of Differentiation of its Regulatory Regulation |
title_sort |
legal nature of the institute of secondary employment and the validity of differentiation of its regulatory regulation |
publisher |
Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law |
series |
Антиномии |
issn |
2686-7206 2686-925X |
publishDate |
2021-04-01 |
description |
The problem of the validity of the differentiation of legal regulation of parttime work within the framework of the current Labor Code of the Russian Federation is
based on the idea of this phenomenon that was developed in the Soviet period of history.
Modern socio-economic conditions require a significant transformation of this institution
of labor law on the basis of an adequate reflection in the norms of labor law of the changed
living conditions of a person and society. Within the framework of this study, an attempt
was made, based on the understanding of the term “secondary job” in the current labor
legislation and the labor law science, to identify essential differences between secondary
job and main job, i.e. to reveal objectively existing conditions of secondary job from the
main job, which were the reason for differentiation of legal norms, regulating secondary
job. In the course of the analysis of the legal norms governing the institute of secondary
job, the analysis of the achievements of the science of domestic labor law and judicial
practice, taking into account the history of legal regulation of this institution, it was
found that the existing signs (characteristic features) of secondary job are either an
external sign that does not reflect the internal nature of the phenomenon, or represent a
discriminatory norm based on the simple fact of recognizing a particular job as secondary
job. As a result, it was concluded that it was unreasonable to single out secondary job in a
separate category, and the existence of a special chapter of the Labor Code of the Russian
Federation, dedicated to the peculiarities of regulating the labor of persons working
secondary job, was groundless. As a practical recommendation, the author suggests
adjustment of the provisions of labor legislation. It is proposed to abandon the traditional
understanding of the term “part-time”, which implies the main and additional work, it is
proposed in this situation to talk about the simultaneous presence of an employee of two
or more equivalent employment contracts, none of which has priority over the others. It
was proposed to move from limiting the time of part-time work to the establishment of
a general maximum working time at all available jobs for the employee; to attribute the
solution of the issue of simultaneous or separate granting of leave to an employee who
has several places of work on a contractual basis (with the involvement of trade union
organizations); to abolish a number of discriminatory norms currently in force against
part-time workers. |
topic |
secondary job signs of secondary job main job main place of work signs of main job differentiation of legal regulation work book electronic work book |
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