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EMPLOYMENT CONTRACT IN THE COUNTRIES OF THE EUROPEAN UNION: TYPES, FORM AND CONDITIONS (COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF SEPARATE COUNTRIES)

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PDF: Author(s): Otroshko K. V., Sapfirova A. A.,
Number of journal: 4(53) Date: November 2020
Annotation:

The particular relevance of the study is emphasized by the fact that the European Union is a complex entity, and labor relations in the member states are regulated not only by the legislation of the European Union, but also at the level of national legislation. The authors set a goal: to study the types of labor contracts and labor contracts in some countries of the European Union, as well as the content of labor contracts, comparing the provisions with the labor legislation of Russia. In the course of the research, the method of legal analysis, formal legal and comparative legal methods were used. The main conclusion: despite the similarity of many provisions of the legislation of the countries of the European Union and Russian labor legislation in terms of the subject of the study, in the countries of the European Union not only those provisions that are recognized as illegal in Russian labor law are applied, but also the requirements that should be perceived by Russian labor law. Results: it is necessary to consolidate in article 57 of the Labor Code of the Russian Federation as a mandatory condition of the employment contract, as the provision on subordination, since it meets one of the main signs of labor relations — organizational subordination. It is also important to develop a seasonal migration program to control seasonal flows of migrants to Russia when the need for their labor is obvious. An analysis of the terms of the labor agreement on non-competition showed that it was illegal on the territory of Russia due to contradiction, first of all, with the Constitution of the Russian Federation. The possibility of concluding a labor contract orally in France, Spain is unacceptable in Russia. The conducted research can form the basis for studying other provisions of the labor legislation of the European Union countries in comparison with the legislation of Russia.

Keywords:

employee, employer, employment contract, European Union, fixed-term employment contract, open-ended employment contract, content of an employment contract, migrants, international agreements, non-competition clause.

For citation:

Sapfirova A. A., Otroshko K. V. Employment contract in the countries of the European Union: types, form and conditions (comparative legal analysis of the legislation of separate countries). Business. Education. Law, 2020, no. 4, pp. 253–257. DOI: 10.25683/VOLBI.2020.53.454.