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The author of this research aims, through this research, to create a theoretical understanding of the role of Resolutions of the Plenum of the Supreme Court of the Russian Federation (SCRF) in the regulation of labor relations and others directly associated with them, as well as the possibility of their classification as a source of labor law. By researching these acts’ significance in labor law both in Russia and other countries a conclusion is drawn that currently the acts of supreme judicial authorities may be classified as sources of labor law, since they influence on the emergence, changing and termination of legal labor relations and have an objectified form of expression. However, the aforementioned acts are issued by judicial authorities, not law-making authorities, and a failure to comply with the rules of conduct that they create cause consequences not only for the courts, but for other subjects as well. Considering the latest trends in the formulation of rules of conduct by supreme judicial authorities and their perception by legislators via their reflection in regulatory acts, the significance of supreme judicial authorities’ acts is to serve as a basis for the development of typical sources of labor law, specifically labor law acts.

The work is aimed at examining the issues related to the impact of the industry-specific workplace and legal culture on enforcing labor law standards in Russia. The focus is on historical continuity of national legal culture phenomena and its negative aspects that hinder enforcement of labor law standards in practice. The research was conducted with a comparative-historical diachronic approach using sociological method tools within the general framework of an anthropological approach. Based on the results of the research, the structural elements of the industry-specific legal culture were identified, its manifestations for employees and employers as labor market key players were described. The essence of each element is described as well. Parallels are drawn between the status of legal consciousness and legal literacy in the context of free employment in the age of factory-and-plant legislation and nowadays. The concept of historical consistency, implicitness of some workplace culture factors that have been distorting enforcement of labor legislation for more than two hundred centuries is presented. The major factors include low legal literacy of employees and employers, disregard for legal provisions, the penchant of Russian citizens for non-legal regulators of employment relations, inflated paternalistic expectations, legal indifferentism by employment contract parties, social alienation of employees and employers, and employee’s refusal to defend their labor rights in case of violation. It is concluded that existing defects of legal consciousness and legal illiteracy need to be taken into account in norm- setting work in order to avoid the issue of the poor effectiveness of labor law standards in Russia.

The article discusses the legal framework for regulating labor migration in the Commonwealth of independent states (hereinafter referred to as the CIS). Particular attention is paid to the definition of ‘labor migration’ in the legal literature, international legislative documents and agreements about labor migration within the CIS. The author analyzes the UN Convention ‘On the Protection of the Rights of All Migrant Workers and Members of Their Families’, the ILO Migration for Employment Convention No. 97 (Revised), 1949, and the Agreement between the CIS states ‘On the protection of labor migrants and members of their families’, as well as individual intergovernmental agreements between the CIS states, some legislative acts of the CIS states. He defines the essence and features of the legal regulation of labor migration in the CIS states at the present stage of social development. At the conclusion the author presents his opinion regarding the definition of the term ‘labor migration’ and the ways of legal regulation of labor migration within the CIS.

Legal positions of supreme federal courts in the Russian Federation have a direct effect on the labor legislation, law enforcement practices, as well as the subject and method of labor law. Certain forms of this influence have not been studied by the science of labor law until recently that results in unlocked theoretical and practical potential for judicial legal positions on labor disputes. To discover the influence of these legal positions on the industry in general, their main functions shall be identified. Through philosophical, general-theoretical and special juridical analysis of academic literature, labor legislation, law enforcement practices, and international legal acts the attributes of the functions of legal positions of supreme federal courts have been identified, the relevant definition has been articulated, the structure of functions has been shown, and specific types of these functions have been discovered. The theoretical structures worked out during the research can be applied in practice as well. On the national level - to solve the problems of platform employment, to ensure a balance in unity and differentiation in labor law, and to improve the mechanism for social partnership. On the international level - for the Eurasian Economic Union member states to solve the problems associated with human resources mobility, protection of working migrants, social partnership, introduction of international labor standards.

The problem of protecting the labor rights of workers definitely attracts the attention of labor /scientists not only within the framework of national legal, but also cross-border legal field. Thus, new issues arise in this area during the unification of labor legislation within the framework of the Eurasian Economic Union. If the jurisdictional ways of protecting labor rights are to some extent developed within the framework of the national legal order of the member states of the Union, then the institution of self-defense is deprived of the attention of the legislator in these legal orders. In this regard, it seems important to analyze such a way of protecting rights as self-defense, guided not only by the ideas of the national development of the institute in the legislation of the Eurasian Economic Union member countries, but also its implementation within the framework of Union labor law. This work, as a scientific try to study the institute of self-defense by employees of their labor rights in the countries of the Eurasian Economic Union, takes as its basis a comparative legal scientific method. Applying this method, we can conclude that the legal model of self-defense of employees of their labor rights can be unified due to the uniform understanding of its nature by the legislation of most of the member countries of the Eurasian Economic Union. Nevertheless, the defective and obviously insufficient elaboration of the regulation of labor and legal self-defense in the studied legal systems shows a number of practical and theoretical problems that will ultimately affect the consolidation of such a legal model1 within the framework of the Eurasian Union labor law. In this regard, it seems important to present a single legal definition of self-defense, comprising the fundamental features of this method of protection. The adoption of such a term will allow to form a uniform understanding not only among labor scientists, but also among law enforcement agencies, and will serve as a starting point for the further development of the institute of self-defense in the Eurasian Economic Union.

This publication invites discussion on the issue of probation upon hiring as an institution in need of transformation, in the author’s opinion. The goal of probation should be specified, since it can be established either to test the fitness of an employee for the job assigned, or for the employee to decide whether the offered job is suitable for them. Also, it is necessary to resolve the issue of the exact rationale and the moment in time the labor relations with an employee should be terminated during probation in case they do not succeed. The author suggests introducing a new special rationale - termination of a labor contract at the end of the employee’s probation without further employment of the worker at this employer’s based on a wrongdoing by the employee during probation or in case the employer discovers that the worker’s professional aptitude does meet the employer’s requirements. These amendments to the legislation can allow identifying fault-based (disciplinary) grounds for the labor contract termination among all the cases when the worker was considered to have failed the probation upon hiring, as well as to link them directly to the institution of labor discipline. It is no secret that in practice, multiple issues regarding the interaction between the regulatory provisions on probation outcomes and the regulatory provisions on disciplinary responsibility of workers arise: these problems should be resolved, since the court practice examples provided by the author often show diametrically opposed conclusions made by the courts based on their interpretation of statutory regulations. Also, the paper invites discussion on the renunciation of possible replacing probation by a fixed-term temporary labor contract and establishing a probation model for the change in employment functions (transfer to a new job).

The conceptand typesof adaptationexperienced by an employee and employer during labor relationships are analyzed in the paper. Staffing and staff training issues are a priority in the modern world. When entering into labor relationships, the worker is in a new work group and starts to perform employment duties in a new position. This requires adaptation. Adaptation is a multifaceted phenomenon (process). In the author’s opinion, it can vary, including the scenarios arising during legal relationships. As is noted in the paper, there are almost no provisions regarding legal regulation of the adaptation process in the current labor legislation. Adaptation is classified as occupational and non-occupational. In the framework of labor relationships, occupational adaptation is of especial interest, since it includes professional, psychophysiological, sociopsychological, organizational, economic and labor adaptations. An analysis of professional and labor adaptation in terms of their definitions and contents has identified their differences. The paper is an attempt to research the issue of worker adaptation through the lens of labor legislation. Mentorship is definitely a component of professional adaptation. There is a special focus on the lack of any provisions regulating the mentorship institution in the Labor Code of the Russian Federation. The need to fill this gap by introducing supplements and amendments into the existing legal regulation mechanics has been pointed out. The conclusion has been drawn about the link between the probation period established with a labor contract and the professional or labor adaptation of the worker. Additionally, the author has made the assumption that probation upon entry into employment should be seen not only as the adaptation of a worker to a new workplace, but as the adaptation of an employer to a new employee as well. Among other things, it is a period when the worker’s adequacy for the assigned job is verified. The opinion has been expressed that it is necessary to standardize the mentorship institution in the Labor Code of the Russian Federation.

In the context of sanctions pressure on Russia the issues of import substitution in the field of digital technologies are getting even more urgent. Highly qualified specialists with respective competencies are in short demand in the country. The government take some measures to that end, but they can solve all the problems. Engagement of required specialists from abroad - those working on a remote basis - could improve the situation. However, there are certain unresolved issues in the labor legislation of the Russian Federation and some other countries, including members of international economic integration organizations such as the Eurasian Economic Union that hinder this process. Identification of hindrances and restrictions preventing free movement of human resources in EAEU member states and efficient use of remote work in the field of IT is what this paper is dedicated to. To that end the actual situation unfolding in the labor market of the field of IT on the territory of EAEU member states has been analyzed, and so has been labor and other legislation of member states regulating the labor of remote workers and the academic literature and papers published in the periodicals. The system analysis and comprehensive review of sources and comparative legal studies have become the main methods of research. As a result, legal and organizational restrictions preventing efficient application of remote work of IT specialists typical for some or even all EAEU member states have been identified. Also, there have been suggested some ways to overcome the identified restrictions that can be implemented by adopting new legal provisions or by amending the existing ones.

Vehicles represent a source of increased danger, and therefore any issues related to ensuring safety in this area are of particular practical importance, because they carry a significant risk of adverse consequences both for society as a whole and for its individuals. However, in the science of labor law, there is currently no complete and comprehensive study devoted to medical examinations of workers of various modes of transport from the perspective of the scope of their activities and the characteristics of the labor function that they perform. The purpose of the study is to formulate the problems of legal regulation of medical examinations of workers related to transport traffic, as well as to identify trends in legal regulation in this area, in particular in the context of the development of high-speed traffic. Currently, the legal regulation of the procedure for conducting medical examinations of workers is not uniform since it is regulated by a large number of by-laws of various ministries and departments, and the introduction of telemedicine technologies in the field of protecting the health of citizens is perceived ambiguously by various departments. I believe that in this situation it is necessary to adopt a universal regulatory act, which should apply to all transport workers without exception, regardless of its type, should reflect the conceptual requirements for the procedure for conducting medical examinations, including listing cases in which the use of remote, digital technologies. Based on this act, departmental acts should already be formed regulating the procedure for undergoing medical examinations in relation to workers of certain types of transport. Such a solution to the issue will make it possible to formulate a uniform approach to conducting medical examinations, taking into account the specifics of modes of transport, thereby facilitating not only law enforcement practice, but also more quickly making changes to this act, which is especially important in the context of the development of digital technologies.

В статье предпринята попытка дать оценку перспективам гармонизации законодательства государств-членов ЕАЭС в сфере судебной защиты трудовых прав работников. С этой целью в работе сравниваются нормы стран ЕАЭС об индивидуальных трудовых спорах (трудовые, гражданские процессуальные, о принудительном исполнении, по взиманию сборов) с опорой на руководящую судебную практику и мнения ученых. Исследуются такие процессуальные гарантии работников в области рассмотрения индивидуальных трудовых споров, как отсутствие условной подведомственности, альтернативная подсудность, освобождение от судебных расходов, сокращенный срок рассмотрения дела, немедленное исполнение решения суда. Сделан вывод о том, что в целом подходы государств-членов ЕАЭС к регулированию судебной защиты трудовых прав работников в сфере индивидуальных трудовых споров совпадают, что способствует гармонизации их законодательства. Однако в отдельных странах-участницах ЕАЭС наблюдается тенденция к сокращению процессуальных гарантий работников, что является сдерживающим гармонизацию фактором.