Implementation of powers by the employer using digital environments: a comparative legal study

Abstract

With the introduction of norms on electronic document management into the Labor Code of the Russian Federation, the employer has the opportunity to acquaint the employee with certain notifications, documents, local regulations using the «digital environment». At the same time, in practice, a large number of questions arise about what kind of documents an employee can be acquainted with using an electronic document management system, how such familiarization can affect the employee’s labor rights? Also, in judicial practice, problems often arise related to the employer's ability to bring car drivers to disciplinary liability for violation of traffic rules and labor protection on the basis of equipment installed on cars. Another concern is the potential for liability for employees who use work email for personal gain. The authors of the article analyze these problems, compare Russian legislation and judicial practice with the legislation and judicial practice of France, and also propose to amend the Labor Code of the Russian Federation using foreign experience.