Administrative liability for violations of labour laws

Автор: Adrianovskaya Tatiana Leonidovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Юридические науки

Статья в выпуске: 16, 2014 года.

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Liability of an employer and its representatives for violations of the labor laws is stipulated by the Labour Code of the Russian Federation, but is regulated by the administerative law: the Administrative Code includes a considerable number of articles concerning the liability of employers. Reference nature of the enactments on liability in the Labour Code leads to difficulties in law enforcement. The employer and its representatives are brought to the administrative liability for various violations of labour safety. In some cases, the Administrative Code regulates liability for the violations stipulated by federal laws, and not the Labour Code, regarding not common issues, but the rights of a particular group of subjects: a foreign citizen or a stateless person. Contradictions inevitably arise when the same relations are regulated by the laws of the various branches of law. There are also difficulties determined by the fact that the issues of administrative responsibility for offenses in the field of labour and employment are regulated by not only federal, but also local laws (for example, in the Krasnodar Territory). The audit carried out by the State Labour Inspectorate in the Krasnodar Territory revealed numerous violations of the labour law, which leads to the initiation of administrative proceedings. Legal regulation of relations arising on the grounds of the violation of the labour laws is exercised on an integrated basis: by the labour and the administrative legislation.

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Employer, administrative liability, offense, violation of labour laws, labour protection, foreign citizen, stateless person

Короткий адрес: https://sciup.org/14936098

IDR: 14936098

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