Liability under Russian Labour Law: New Concept of the Institute

Abstract

The doctrine of liability is still not quite elaborated in the Russian science of labour law. Besides, itsconceptual model is missing under the Russian Federation labour law. The author attempts to bridgethe lacuna in legal science. Methodologically, the paper is based on legal theory as a fundamentalregulator of social relations and the doctrinal conception of the institute of liability in Russian labour law.The paper proposes the first in the science of labour law critical evaluation of theoretical approachesreducing the liability category under labour law to disciplinary and material and excepting otherliabilities, such as indemnity for harm caused to life and health due to performing labour duties, redressfor the non-pecuniary damage. Scattered norms on liability are indicative of labour legislation especiallyfor Russian Federation Labour Code. The structure of the latter is inconsistent. To systematize thelabour legislation and improve the efficiency of its application, it deems relevant to incorporate all thenorms on liability of the Labour code into the section under the title Liability under Labour Legislation orLiability of Employees and Employers, which would promote to integrity and consistency the RF LabourCode and the entire system of Russian labour legislation either as the section requires upgradedcontent. The section may need the additional chapters and norms on disciplinary liability of employees,material liability of the parties to labour agreement, indemnifying for harm caused to life and healthdue to performing labour duties, redress (compensation) for the non-pecuniary damage. Due to this,the federal legislators should consider the issue on specifying in Articles 1 and 2 of the Code coveringobjectives and principles of labour legislation on the Liability on Labour Legislation (instead of thenorms on material liability of employers and employees in the area of labour: indemnification for harmcaused to life and health due to performing labour duties). Hence, the whole legal doctrines (bothSoviet and modern Russian one) on liability under labour law require evident revision.