Smirnov D.A. The Problems of the Legal Regulation of the Employee’s Familiarization with the Employer’s Local Acts
DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.15
Dmitry A. Smirnov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Labor and Financial Law, Yaroslavl State University named after P.G. Demidov, Sovetskaya St, 14, 150003 Yaroslavl, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2140-7814
Introduction: the procedure for communicating local acts of the employer to employees is regulated by the Labor Code of the Russian Federation in a very fragmentary way. The legislator is limited by the general norm of Paragraph 10 of Part 2 of Article 22 of the Labor Code of the Russian Federation, indicating that the employer is obliged to acquaint employees with the adopted local regulations directly related to their work, as well as several prescriptions regulating more specific issues. At the same time, the situation has become more complicated with the introduction of amendments to the Labor Code of the Russian Federation pertaining to the introduction of electronic document management at the employer. Research objectives: to identify defects in the legal regulation of the familiarization of employees with the employer’s local acts of and to make proposals for their elimination. Results: some defects in the legal regulation of the employee’s familiarization with the local acts of the employer have been identified. Among them is the absence in the Labor Code of the Russian Federation of a direct indication of the employer’s obligation to provide, at the request of the employee, local acts that regulate the employee’s activities. In addition, the amendments to the Labor Code of the Russian Federation introduced by Federal Law of October 22, 2022 No. 377-FZ, pertaining to the introduction of electronic document management, contradict the requirements of Article 62 of the Labor Code of the Russian Federation. The interpretation of the provisions of Article 22.1 of the Labor Code of the Russian Federation allows saying that the concept of “work-related documents” used in the paper also includes local acts the employee must be familiarized with under the signature. At the same time, in Article 62 of the Labor Code of the Russian Federation, this concept is used in a narrower sense, and does not include local acts that the employee gets acquainted with under the signature. Conclusions: it seems that the discovered discrepancy in the scope and content of the concept of “work-related documents”, in the author’s opinion, should be eliminated in favor of a broader interpretation proposed by Article 22.1 of the Labor Code of the Russian Federation.
Key words: the Labor Code of the Russian Federation, local acts of the employer, work-related documents, legal technique, concept, legal definition.
Citation. Smirnov D.A. The Problems of the Legal Regulation of the Employee’s Familiarization with the Employer’s Local Acts. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 3, pp. 106-111. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.15
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