Open AccessFinancial obligations in employment contract of the parties: comparative analysis
Author(s) -
Maya V. Dedyuyeva,
Anna D. Noskova
Publication year - 2019
Publication title -
vestnik kostromskogo gosudarstvennogo universiteta imeni n.a. nekrasova
Language(s) - English
Resource type - Journals
ISSN - 1998-0817
DOI - 10.34216/1998-0817-2019-25-2-264-267
Subject(s) - dismissal , civil code , legislature , labour law , analogy , code (set theory) , russian federation , law , business , law and economics , political science , economics , computer science , economic policy , philosophy , linguistics , set (abstract data type) , programming language
The article is devoted to a comprehensive study of the problematic aspects of the application of Art. 249 of the Labour Code of the Russian Federation. Based on judicial practice, the authors conclude that recovery of training costs from a former employee can be made not only in cases that are listed in the employment contract, but also in other cases if they are covered by the provision of article 249 of the Labour Code on dismissal without good reason before the expiration date. After analysing the scientifi c points of view, the authors propose to supplement Art. 249 of the Labour Code of the Russian Federation with a list of valid reasons, which would reduce the subjectivity of law enforcers when deciding whether a reason is valid. By analogy with civil law, where the lower limit of the penalty is fi xed in the law, the authors propose to establish mechanisms at the legislative level to determine the lower limit for reducing the training costs charged to the employee.