Problems of realization of the right to remuneration for work

IF 0.1 Q4 LAW
V. A. Protsevskiy, Yevhenii Horlov
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Abstract

In accordance with the right to remuneration for work, the problems of legal regulation of wages in Russia are analyzed. The relevance of the study of this problem is explained by the insufficient effectiveness of incentives that, in conditions of the spread of mainly intellectual, informational work, will encourage a certain professional group to perform its characteristic labor functions with the highest efficiency to increase public welfare. The goal of solidary participation in the fair distribution of labor results, as well as in its payment, is determined by the direction of development of the state that it elects. The highest social value in the Russian Federation is a person, his life and health, honor and dignity, inviolability and security. The so-called labor theory of value, expressed by A. Smith, developed by D. Ricardo and K. Marx, according to which the value of goods and services depends on the labor invested in them, has been studied. This idea was transformed by E. Durkheim into the characteristics of an employment contract, indicating that it is only considered concluded when the mutual services of the parties have an equivalent value. It is the employment contract, according to the authors, that acts as the main legal form of realization of the constitutional right to work and its remuneration. The state and contractual regulation of labor, the ratio of public and private methods of regulation in the field of remuneration are considered. Attention is paid to the problem of further improvement of the financial situation of the employee on the basis of social partnership. The Universal Declaration of Human Rights, ILO Conventions, standards in the field of remuneration are analyzed. The authors emphasize that remuneration needs state regulatory and legal regulation, first of all, in the revision of existing standards of remuneration. The progressive experience of legal regulation of remuneration for work in national and international legislation is investigated. Modern science considers one of the determining factors of the well-being of society to be the ability of the distribution mechanism to approach the correspondence between a person's contribution to the increase of well-being and his remuneration. In order to solve the problem posed in this study, the authors propose the need for a harmonious combination of innovative reform and the introduction of elements of world models of various employee remuneration systems, which will ensure the adaptation of domestic labor legislation and the achievement of modern world standards in the legal regulation of remuneration for work.
实现劳动报酬权的问题
根据劳动报酬权,分析了俄罗斯工资法律规制中存在的问题。研究这一问题的意义在于,在以智力和信息工作为主的工作扩散的条件下,激励措施的有效性不足,而这些激励措施将鼓励某一专业群体以最高效率履行其特有的劳动职能,以增加公共福利。团结参与劳动成果的公平分配及其报酬的目标,是由它所选举的国家的发展方向决定的。俄罗斯联邦最高的社会价值是人、人的生命和健康、荣誉和尊严、不可侵犯性和安全性。由李嘉图和马克思提出的所谓劳动价值论,认为商品和服务的价值取决于投入其中的劳动。迪尔凯姆将这一观点转化为雇佣合同的特征,表明只有当双方的相互服务具有同等价值时,才认为雇佣合同成立。作者认为,劳动合同是实现宪法规定的劳动权利及其报酬的主要法律形式。国家和合同对劳动的调节,公共和私人在薪酬领域的比例调节方法进行了考虑。关注在社会伙伴关系的基础上进一步改善员工财务状况的问题。分析了《世界人权宣言》、劳工组织各项公约、薪酬领域的标准。作者强调,薪酬需要国家监管和法律规范,首先是对现有薪酬标准的修订。研究了国家和国际立法中对工作报酬进行法律管制的逐步经验。现代科学认为,社会福利的决定因素之一是分配机制是否有能力使个人对福利增加的贡献与其报酬之间达到对应关系。为了解决本研究提出的问题,作者提出需要将创新改革与引进各种员工薪酬制度的世界模式要素和谐结合起来,以确保国内劳动立法的适应和劳动报酬法律规制的现代世界标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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