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Университета имени О.Е. Кутафина (МГЮА)


LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS

Статьи в номере 1 за 2018 год

Аннотация: The article provides the authors’ original rationale of the concept of inter-branch systems links between labour law and other branches of Russian law. It also addresses the foundation and purposes of inter-branch interaction. Further the authors analyse the forms of such inter-branch relationship, including: subsidiary, paritybased, choice-of-branch regulation of employment & labour relations and suggest respective inter-branch regulatory methods for each of the forms.


Автор: Marina V. Lushnikova , Andrey M. Lushnikov


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.002-020


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Аннотация: The growth of the number of persons working in the grey zone between traditional workers and those genuinely self-employed poses the question if EU labour law is still fit for purpose, i.e. providing those in need with the protection they require. Changes either refining the concept of the worker as well as the introduction of a third, intermediary category between workers and selfemployed on the EU-level do not seem too realistic in the near future though. Therefore, one is guided towards the possible activities of the ECJ when called upon to interpret the concept of “worker” in EU labour law.


Автор: Martin Risak , Thomas Dullinger


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.021-045


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Аннотация: The article discusses recent measures regulating smart working in Italy in the Jobs Act on Autonomous Work, Act No. 81, 22 May 2017. In particular, it examines the problems of compatibility of the new legal provisions with national and European norms and the advantages compared to other flexible work arrangements such as telework.


Автор: Olga Rymkevich


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.046-064


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Аннотация: The approval of the European Pillar of Social Rights, by the highest authorities of the European Union in the Social Summit of 17 November 2017, as well as the ever more widespread recommendations by the most important international institutions and organisations, such as UN, ILO, OECD, WB. IMF, are all initiatives and signals that go in the direction of imprinting a profound correction of the current global economic development. Also it is increasingly widespread awareness that improving economy and growth as well as promoting employment and social cohesion depends, ultimately, on the capability of a society to adapt institutions, laws, norms, procedures, industrial relations acts and behaviors to face adequately the new challenges; in other words on the quality of the regulatory system. Labour markets structures are totally involved in such type of issues. Here are the open problems which refer to the relationship between the government and governance of the development processes, two very different concepts and practices. The issue government-governance calls ultimately the system of public-private relationships, roles and responsibilities in the management of the development processes.


Автор: Marco Ricceri


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.065-079


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Аннотация: The article reveals and analyses the key features of the new Labour Code of Lithuania of 2016. The reforms of the Lithuanian labour market were initiated to deal with the issues of the increasing international competition, to find a new balance between the flexibility required by employers and the relevant social security benefits for employees, as well as to bring the law in compliance with the recent developments in the employment sector. At the same time, recodification implies not only changes in the institutions of working hours, protection in the course dismissal, term contract or other atypical forms of employment. The new Labour Code is intended to update the industrial relations on a wider scope: to revive the partnership spirit both on the personal and collective level, to enforce the judicial protection of employees, to ensure a wider application of technologies and human asset investment, to increase the respect for the personality of an employee and his/her family commitments. Changes in the collective representation to boost the collective bargaining process and build up “industrial democracy” in the work place are also called for.


Автор: Thomas Davulis


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.080-108


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Аннотация: The article focuses on the issues arising in the course of arranging healthcare provision for foreign nationals employed in the Russian Federation. The article outlines the range of persons subject to compulsory medical insurance, the procedure and the necessary requirements for obtaining medical assistance. The voluntary medical insurance agreement is presented as a means of obtaining medical care. Healthcare services for employees from Eurasian Economic Union (EAEU) countries are detailed.


Автор: Galina S. Skachkova


Рубрика: LAW IN GLOBAL AND REGIONAL CONTEXTS. SUSTAINABLE DEVELOPMENT AND SOCIAL RIGHTS


DOI: 10.17803/2313-5395.2018.1.9.109-138


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Университет имени О.Е. Кутафина (МГЮА) прекратил сотрудничество с издательской группой Nota Bene.

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