{"title":"FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION","authors":"Ю.Е. Василенко","doi":"10.14258/ralj(2023)4.5","DOIUrl":null,"url":null,"abstract":"The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employee of such a situation isin a very vulnerable position. At the same time, there are more grounds for terminating an employmentcontract with a remote employee than with an employee working in the office at the employer's location. Consequently, this issue requires more detailed legal regulation in order to prevent the inequality of therights of remote and traditional employees. In the article, the author analyzes some problems arising fromthe dismissal of a remote worker under Part 1 of Art. 312.8 of the Labor Code of the Russian Federation, lawenforcement practice, and also suggests ways to improve labor legislation in this area.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"14 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian-Asian Legal Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14258/ralj(2023)4.5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employee of such a situation isin a very vulnerable position. At the same time, there are more grounds for terminating an employmentcontract with a remote employee than with an employee working in the office at the employer's location. Consequently, this issue requires more detailed legal regulation in order to prevent the inequality of therights of remote and traditional employees. In the article, the author analyzes some problems arising fromthe dismissal of a remote worker under Part 1 of Art. 312.8 of the Labor Code of the Russian Federation, lawenforcement practice, and also suggests ways to improve labor legislation in this area.