Гарантии прав работодателя: постановка вопроса
Guarantees of the Employer’s Rights: Exploring the Problem

Summary/Abstract: This article considers the problem of identifying guarantees of the rights of the employer as a separate category. In its normative definition, the concept of guarantee (Art. 164 of the Labor Code of the Russian Federation) has been lacking any reference to the employer, but this does not mean that the employer’s powers can be exercised without compliance with the legal resources and means. Here, the employee’s responsibilities are dubbed as a group of guarantees of the rights of the employer because the exercise of a subjective right demands a corresponding obligation. Another important guarantee of the rights of the employer is the principle of prohibiting any abuse of the right, which helps to quell “labor extremism” by employees. In the context of legal guarantees, ways for the employer to exercise their rights are discussed. The results obtained show that in cases where the employer is not endowed with the freedom to choose the method for exercising the right, their interests are ensured at the expense of the freedom of behavior within this method. In turn, the freedom of behavior within the method is also secured by legal guarantees, i.e., by the corresponding responsibilities of the employee and by private guarantees, often of a procedural nature.

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