Open AccessLegality of Dismissal of Employees Working Irregular Hours for Appearance at Work in a State of Alcoholic, Narcotic or Other Kind of Intoxication
Author(s) -
И. С. Цыпкина
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.121.12.122-130
Subject(s) - dismissal , legislation , principle of legality , working time , working hours , enforcement , state (computer science) , work (physics) , labour law , law , function (biology) , labour economics , political science , law and economics , business , economics , computer science , engineering , mechanical engineering , algorithm , evolutionary biology , biology
The paper analyzes the issues related to irregular working hours, which arise due to the lack of proper legal regulation of this legal category. The author emphasizes that the inclusion of the irregular working hours provision into the employment contract is primarily determined by the employee’s labor functions, since it is the performance of this labor function that conditions particular working hours as the regular working hours may be not enough. In addition, the paper highlights the problem of the permissibility of establishing irregular working hours for pregnant women and persons for whom reduced working hours are established. The author concludes that the spread of the rule regarding the possibility of drawing a parallel between the restrictions provided for by Art. 99 and 101 of the Labor Code of the Russian Federation currently has no legal basis. In this regard, the author attempts to find ways to resolve this problem. The paper identifies controversial and ambiguously resolved in law enforcement issues that arise when resolving labor disputes related to the termination of an employment contract with an employee who is at work in a state of alcoholic, drug and other kind of intoxication, outside the established duration of working hours. For the purpose of uniform application of the current legislation, it should be assumed that for workers with irregular working hours, all the time they are at work is considered work time.