Congruence model in the activities of the federal labour inspectorate: the current state and implementation trends

Автор: Sapfirova Apollinaria Aleksandrovna

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 9, 2017 года.

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The article deals with the implementation of the congruence model in the activities of the Federal Service for Labour and Employment (Rostrud). It shows the current trends in the application of certain aspects of this model by the abovementioned state body. They include enhancing the prevention of violations of workers’ labour rights and introducing a risk-based approach when exercising the powers granted to state labour inspectors. It is concluded that the prevention of labour laws violation can not be achieved by a significant reduction in the number of planned inspections primarily aimed at preventing violations of labour rights as well as by the removal from the jurisdiction of Rostrud of a significant number of employers classified as a low risk despite the available opportunity to conduct unscheduled inspections against them. Based on the analysis of the current legislation and data on the activities of the Federal Labour Inspectorate, the author proposes to prioritize Rostrud's planned (integrated) inspections and refer the unscheduled inspections to other actors of labour rights protection such as trade unions, labour disputes commissions which jurisdiction can be applied to several employers. This non-judicial protection system can be the beginning of the development of the system of non-state employment audit.

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Prevention of violations of labour rights, risk-based approach, planned and unscheduled inspections, protection of labour rights

Короткий адрес: https://sciup.org/14932217

IDR: 14932217   |   DOI: 10.24158/pep.2017.9.12

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