«Days off» in the light of the constitutional principle of equality
Автор: Chashin Alexander Nikolaevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 2 (45), 2020 года.
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Purpose: The article examines the legal nature of non-working days announced by decrees of the President of the Russian Federation as part of anti-epidemiological measures aimed at combating the spread of COVID-19. Methodology: The theoretical position of the researcher is based on the method of materialistic dialectics, methods of system analysis and analogy are used. Results: According to the author, the provisions of the Labor Code of the Russian Federation apply to labor relations for the period of specified non-working days: Art. 113 (prohibition of employment) and Art. 153 (on double wages) for three reasons: by virtue of the analogy of the law; by virtue of the current given in paragraph 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99; by virtue of the implementation of the constitutional principle of equality. Novelty/originality/value: The study is based on regulatory material, which is completely new to the domestic legal system. The novelty of the study is absolute, since there are no scientific articles in the legal periodical of scientific articles devoted to understanding the phenomenon of presidential prescriptive regulation of working time in the framework of anti-epidemiological measures.
Discrimination, remuneration, day off, holiday, normative legal act, law enforcement act
Короткий адрес: https://sciup.org/140249698
IDR: 140249698