有条件地适用某些劳动法规范来规范外籍工人的工作

K. Belozerova
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引用次数: 0

摘要

正在审议的条款以俄罗斯联邦的劳工立法为例,说明了适用管制性法律法令的某些规定以管制外国公民和无国籍人雇员的工作的程序,如果这些规范的适用涉及行政程序,包括在雇主国对外国公民和无国籍人有效的行政程序。作为审议这一问题的一部分,确定了行政程序的影响,主要是俄罗斯联邦移民立法和关于外国公民和无国籍人法律地位的立法规定的行政程序对劳动法规范适用的影响,外国公民和无国籍人地位对劳动法规范的作用机制的影响,以及实现其适用目标的影响。根据分析得出的结论是,他们的行动是有条件的,因为雇员是外国公民和无国籍人,在某些情况下,这种行动机制为歧视一类特殊雇员和俄罗斯公民雇员创造了先决条件。在某些情况下,哈萨克斯坦共和国立法规定的管制条例被认为是在执行行政程序的框架内将外国公民的法律地位调整为雇员地位的较成功的选择。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Conditionality of the application of certain labor law norms to regulate the work of foreign workers
The article under consideration, using the example of the labor legislation of the Russian Federation, describes the procedure for applying certain provisions of regulatory legal acts to regulate the work of employees who are foreign citizens and stateless persons, in cases where the application of such norms involves administrative procedures, including those in force in the state of the employer for foreign citizens and stateless persons. As part of the consideration of this issue, the impact of administrative procedures, primarily provided for in the Russian Federation by migration legislation and legislation on the legal status of foreign citizens and stateless persons, on the application of labor law norms, the impact of the status of a foreign citizen and a stateless person on the mechanism of action of labor law norms, the achievement of the goals of their application is determined. Based on the analysis, it is concluded that their actions are conditional in relation to employees who are foreign citizens and stateless persons, and in some cases, the creation of prerequisites for discrimination by such a mechanism of action both in relation to a special category of employees and in relation to employees who are Russian citizens. In some cases, the regulatory regulation provided for by the legislation of the Republic of Kazakhstan is considered as a more successful option of adaptation within the framework of the implementation of administrative procedures of the legal status of a foreign citizen to the status of an employee.
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