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Law and Politics
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Eseva E.Yu., Andriyanov V.N. The rights of employers and employees. Collisions in the principle of equality

Abstract: This article examines the issue of the lack of rights of employers in the area of labor within the constitutional law of the Russian Federation. The Russian Constitution contains only the positions on the labor rights of the citizens as employees. But in the case where that same citizen ends up in the position where they employ someone, they find themselves in the vacuum of the constitutional law. Their rights as an employer are no longer guaranteed by the Constitution of the Russian Federation. Within the context of the principle of equality, which is the foundation of the Russian legal field, this position of employers seems unjust and discriminatory. The authors analyze the current legislation, including the norms of the Labor Code of the Russian Federation, as well as the norms of the Administrative Code of the Russian Federation. There is also a discussion on whether or not the employers need constitutional rights in the area of labor. The authors come to a conclusion that in order to realize the principle of equality proclaimed in Russia, it is necessary to include the positions on the rights for employers in the area of labor into the Constitution of the Russian Federation.


Keywords:

responsibility, equal opportunity, equality, Its administrative law, labor law, Constitution, fines, impunity, vulnerability, employer


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This article written in Russian. You can find original text of the article here .
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