Informal employment in the agro-industrial complex: administrative liability for violations of workers’ labour rights

Автор: Sapfirova Apollinariya Aleksandrovna, Liubofeeva Elena Aleksandrovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 6, 2020 года.

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The issues of administrative liability for violations of employment in sectors of the agro-industrial complex are considered. The concept of ‘informal employment’ includes such violations of labour rights as non-registration of labour relations with agricultural workers in accordance with the law, the substitution of employment contracts with civil law contracts, non-payment or underpayment of wages by employers. The authors analyze the legal provisions common to all employers on the establishment of formal labour relations with employees and the cases of administrative offenses for which administrative liability is provided as for informal employment, including it in the agro-industrial complex. The study examines examples of evidence that can be used to establish the existence of labour relations in the agro-industrial complex if they are replaced by civil law contracts and wages are paid. The authors consider similar norms in the draft Code of Administrative Offenses of the Russian Federation and conclude that it is necessary to transfer the norm of liability for improper registration or non-registration of labour relations, the substitution of labour contracts from the current Code of Administrative Offenses, since the absence of such a measure would enable employers to strengthen the shadow sector of relevant agribusiness branches.

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Informal employment, agro-industrial complex, administrative liability, labour rights, non-payment of wages, employment contract

Короткий адрес: https://sciup.org/149134412

IDR: 149134412   |   DOI: 10.24158/tipor.2020.6.12

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