Problems of recovering of the lost earnings
Автор: Zhiltsov Miron Aleksandrovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (41), 2019 года.
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Purpose: The study of compensation for lost earnings in order to highlight the main problems, finding ways to solve these problems. Methodology: The analysis and formal-legal methods were used. Results: If the dismissal of an employee is declared unlawful, the court shall recover compensation for lost earnings for the entire period of involuntary absenteeism. Such compensation is also collected in the event of a delay in issuing a work book upon dismissal of an employee for the entire period of delay. In judicial practice, there are various approaches regarding the time from which it is necessary to calculate the time period for applying to the court for these claims, and also about the time period for applying to the court (three-month or one-year). There are also various legal positions of the courts regarding the possibility of accruing compensation for the delay in payment of wages provided for in Art. 236 of the Labor Code of the Russian Federation, for lost earnings, recovered by the court upon recognition of the dismissal of an employee as unlawful. The article analyzes the legal positions of the courts that have developed when considering these legal relations. Novelty/originality/value: The article has a high scientific value, as it is one of the first attempts to analyze and systematize the problems of recovery of compensation for lost earnings in modern law enforcement practice.
Compensation, lost, earnings, term, appeal, court
Короткий адрес: https://sciup.org/140244653
IDR: 140244653