Principles of legal regulation of employment relations

Abstract

Employment relations are regulated by ILO conventions, agreements of the CIS member States, the 2014 EAEU Treaty, as well as bilateral agreements between the Russian Federation and other countries. Within the framework of the CIS, on 09/24/1993, an Agreement was signed "On the creation of an Economic Union", which presupрoses the free movement of goods, services, capital and labor. But, despite the proclamation of freedom of movement, the procedure for attracting employees, qualification, age and other requirements for them had to be established by the country of employment, and the number of employees accepted was determined on the basis of bilateral agreements. Thus, the national labor market was actually protected. According to the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on labor activity dated 10/16/2004 (as amended on 10/29/2013), migrant workers carry out temporary labor activity in the host state if they have a work permit. In accordance with the Agreement between the Government of the Russian Federation and the Government of the Republic of Uzbekistan on labor activity and protection of the rights of migrant workers dated 07/04/2007. The Parties shall implement measures to regulate migration flows by establishing quotas and other restrictions provided for by national legislation on the prevention of illegal labor activity. For 30 years, employment relations have been regulated by the Law of the Russian Federation "On Employment of the Population" dated 04/19/1991 No. 1032-1, which is valid until 01.01.2025, as amended by Federal Law No. 565-FZ dated 12.12.2023 "On Employment of the Population in the Russian Federation". Article 4 of Law No. 565-FZ specifies only two principles of legal regulation of employment relations. Given the extreme urgency of the task of streamlining the Russian labor market in the federal law on employment, the composition of the principles should be expanded. It should include the principles of prohibition of forced labor, equality, free employment services, and accessibility of SES services, protecting the national labor market and the preferential right of Russian citizens to employment, trilateral cooperation (joint constructive work) of the State, employees and employers to achieve national goals and ensure state sovereignty.

Keywords:

employment, freedom of movement of goods, services, capital and labor, ILO, CIS, EAEU, labor migration, freedom of labor, forced labor, equality, discrimination, accessibility, labor market, sovereignty, social partnership, employers, trade unions, the state