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Actual Problems of Russian Law

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Problems of the Concept of "Unlawful Transfer to Another Job" as the Basis of Material Liability of an Employer

https://doi.org/10.17803/1994-1471.2016.73.12.108-117

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Abstract

The paper is devoted to the problem of research of social relations involving material liability of an employer for unlawful transfer of an employee to a different job. The subject of the research involves the issues related to theoretical provisions of liability grounded by an unlawful transfer of an employee that has great importance for understanding of the concept, which caused the necessity to explore a legal category of unlawful transfer to another job. To this end, the paper examines such elements of the concept as "employee transfer" and "other work", and the category of "forced truancy", that is closely connected with them, which encourages understanding of the concept of unlawful transfer to another job and its essence. Special attention is given to the conditions of transferring an employee to another job and the failure to comply with them testifies its unlawfulness that entails material liability of an employer. The main conclusions of the research are as follows: in order to transfer an employee to another job lawfully it is necessary to comply with all conditions of such a transfer simultaneously; a mutual agreement between parties to an employment contract that deals with the transfer to another job should be treated as an employment contract; unlawful transfer means failure on the part of an employer to comply with mandatory requirements for the transfer to another job that are cumulatively determined in the RF Labor Code; forced truancy cannot be applied to regulate relations that involve material responsibility of an employer for unlawful transfer of an employee to another job. Special contribution of the author to the study of the topic results in the development of measures aimed at improving labor legislation governing this kind of employer liability that will contribute to the strengthening of protection of labor rights and legitimate interests of employees during their transfers to another job.

For citations:

Savin V.T. Problems of the Concept of "Unlawful Transfer to Another Job" as the Basis of Material Liability of an Employer. Actual Problems of Russian Law. 2016;(12):108-125. (In Russ.) https://doi.org/10.17803/1994-1471.2016.73.12.108-117

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, Russia, 125993

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