Субъекты трудового права (стрим Василия Шавина)

Lecture on Labor Law 1. Concept and Types of Subjects of Labor Law 2. Employee as a Subject of Labor Law 3. Employer as a Subject of Labor Law 4. Other Subjects of Labor Law Online resources on the subject "Labor Law": Online course "Labor Law" on Stepik https://stepik.org/course/116817/promo YouTube channel "Vasily Shavin"    / ВасилийШавин   VK community https://vk.com/russialaborlaw Yandex.Zen channel https://dzen.ru/id/5f269c391fc411381d... At the beginning of the lecture, the instructor welcomes all participants and announces the lecture topic. Vasily Anatolyevich will deliver the lecture according to the plan, and after each question, he will pause and answer questions from the audience. Discussion of Lecture Question 1 A subject is a participant in labor relations. They are the bearers of labor rights and obligations and have their own legal status. What constitutes legal status? 1. Labor legal capacity 2. Basic labor rights and obligations 3. Basic legal guarantees (general and special) 4. Liability Each subject has all four of these elements, and they distinguish them from all other subjects. Legal capacity includes three elements: 1. Legal capacity 2. Legal capacity 3. Delictual capacity Labor law, unlike, for example, criminal law, is relatively poorly developed, as much of it is borrowed from civil law. Discussion of Lecture Question 2 It is necessary to clearly distinguish between the subjects of the relationship. A citizen, or more precisely, an individual, and an employee are different entities. They flow from one another, but nevertheless, these entities are distinct. They have different rights and obligations, different responsibilities. Their legal status differs. When discussing the legal status of an employee, it is necessary to determine the criteria that will determine their legal capacity, i.e., what we rely on, what characteristics we highlight about the employee. The Labor Code operates with the following criteria: 1. Age. 16 – Generally established age 15 – Light work without harm to health 14 – Light work without harm to health, parental and guardianship authority consent Under 14 – Creation/performance of works, parental and guardianship authority consent 2. Citizenship No restrictions: Russian Federation Belarus Simplified procedure for entering into employment (patent system): EAEU Citizens of other countries: Visa-free travel Visa – the most restrictive procedure for entering into employment 3. Health This refers to both physical and mental health. Mental health affects employment eligibility just as much as physical health. If a person is healthy enough to work, then there are no restrictions. Discussion of Lecture Question 3 An individual is divided into: · Sole Proprietor Groups: Unincorporated Entrepreneur Notary Lawyer Registration/License · Not a Sole Proprietor An individual can hire a worker for their household and personal services – this is an employment relationship that must be formalized in accordance with the Labor Code, but as the lecturer's experience has shown, no one formally enters into such contracts. Employer legal capacity is divided into criteria. They are differentiated by: 1. Individual age legal capacity 2. Legal entity state registration Discussion of Question 4 of the lecture Other entities: Collective Employee association: 1. Employee representative body · No trade union · Less than 50% of employees are members of the trade union 2. Trade union Employer association: 1. Non-profit organization that unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions and government agencies. · Territorial principle · Sectoral principle · Territorial-sectoral #stream #Shavin #LaborLaw #lecture #industry #sources