Problems of the employer’s legal personality of minors aged from fourteen to eighteen years

Автор: Savin Viktor T.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 10, 2023 года.

Бесплатный доступ

The article focuses on the employer’s legal personality of minors aged 14 to 18 years old provided for in part 10 of Art. 20 of the Labor Code of the Russian Federation, which allows them to act as employers in labor relations. The relevance of the work topic is emphasized by its underdevelopment in the science of labor law, which requires further study of this category. The article emphasizes the reasons of unreasonable vesting by the legislator of minors with the right to be employers, which are as follows: inconsistency of the legislator in determining the age criterion of employer’s legal personality for these persons, construction of the studied norm by analogy with Art. 26 of the Civil Code of the Russian Federation, ignoring such essential factors as mental (volitional criterion) and physiological (physical criterion) state of health of persons under the age of 18. This made it possible to conclude that the labor law regulating the acquisition of employer’s legal personality by individuals is not devoid of serious shortcomings that require its improvement, in this regard, the author proposed measures to eliminate them.

Еще

Individual, minors, labor legal personality, employer, employee, employer's legal personality, employment contract, law-enforcer, labor legislation

Короткий адрес: https://sciup.org/149143276

IDR: 149143276   |   DOI: 10.24158/tipor.2023.10.32

Статья научная