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Prerequisites and Features of Differentiation in the Legal Regulation of Employee’s Work at Separate Structural Divisions of Organizations
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Prerequisites and Features of Differentiation in the Legal Regulation of Employee’s Work at Separate Structural Divisions of Organizations
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.072
Publication type
Article
Status
Published
Authors
Svetlana Paramonova 
ORCID: 0000-0003-0235-8762
Occupation: Senior Lecturer, Department of Labor Law
Affiliation: Ural State Law University named after V. F. Yakovlev
Address: Yekaterinburg, Russia
Edition
Volume 27 No. 6
Pages
130-145
Abstract

Employers with a complex organizational structure are specific participants in labor relations. Working in a special division of an employer with a complex structure depends on factors such as some organizational independence from the head organization and its functioning autonomy, location in another place. These circumstances determine the specifics of the legal regulation of employee’s work at separate structural divisions of organizations.

The purpose of considering of special labor legal regulation is to establish the prerequisites and specifics of differentiation depending on the characteristics of the opposite side of labor relations.

With the help of general scientific methods of cognition and legal research (the method of interpretation of legal norms, formal legal, comparative legal methods), the general grounds of differentiation are determined, the characteristics of an employer with a complex organizational structure are given, national special norms are presented in comparison with the codified practice of the EAEU countries.

Conclusion: the features of the employer's organizational structure are a common subjectoriented basis for differentiating the legal regulation of relations with employees of special divisions of organizations. Relations with employees of remote (geographically isolated) structural divisions, whose connection with the organization is specific due to a simple territorial gap (the primary and only prerequisite for differentiation), and employees of special divisions, whose connection with the organization has features due to the organizational gap (the primary, but not the only prerequisite for differentiation), should be subjected to different legal assessments. In Russia, there is an objective need to allocate a chapter of Section XII of the Labor Code of the Russian Federation with an external and internal outline of the legal regulation of the work of employees of special divisions of organizations.

Keywords
grounds for differentiation in the sphere of labor, employers with a complex organizational structure, work of certain categories of workers, separate structural divisions
Date of publication
21.06.2023
Number of purchasers
12
Views
129
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0.0 (0 votes)
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