Contract and Agency Labor and Unstable Employment: Russian and Foreign Experience

Abstract

Today an employer often uses contract and agency labor, as there appeared the conception of unstable employment. In this article an attempt to determine what is referred to the unstable employment and contract and agency labor on the whole and in detail. In this work numerous non-typical employment forms taking place in the developed countries are shown, it is said about instability of classical labor relations and contract and agency labor as a form of such relations with its tripartite structure shows much better how thin a distinction between labor and civil law can be. In this article a definition of «unsteady employment» and the criteria of unsteady forms of employment are also defined. It is noted that in the conditions of the Russian reality the absence of necessary flexibility in labor relations will lead to a drift of labor relations from a legal field to shade. That contradicts the employees, sole traders` and state interests. Legal research vector directs to the analysis of contract and similar relations as in Russian as in foreign practice, it gets through the research of an international and Russian legal basis of contract labor finished with the analysis of modern draft law. It is pointed out that in legal practice there are the differences of contract and agency labor form recruiting, outsorting, outstaffing, temporary work and other similar legal relations. In a given research the features appropriate to a noticeable employee in Europe are defined. Nowadays, contract and agency labor has become widely-used in our country, but the law regulation is not up to-date. Therefore, it is important to determine the real system of coordination in the field of contract and agency labor to describe the future law regulation. A position of employees is much defined by a system of management relations in which they are involved. A system of noticeable employees is more complex than full–time employees because they are submitted not only to those who employ them, but to them who really use their labor. That`s why it is important to deal with ideal legal system that can regulate corresponding relations and then to define what they have in reality. The conclusions in a given work are made according to sociological researches conducted in the filet of contract and agency labor to protect employees rights in the conditions of modern economic relations. Labor law is evolving according changing economic conditions, that is why formulation of a complex of structural and directive norms of contract labor regulation directed to determination of legal status of subjects of given legal arrangement is a possible way to seeking a compromise permitting to defend contract employees and to make business safe and attractive one.