Guarantees and Compensations: Questions of the Theory of Russian Labor Law

Abstract

Petrov Alexey - Professor, Labour Law Department, National Research University Higher School of Economics, Doctor of Juridical Sciences. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: alexey.petrov@yandex.ru.

The article attempts to design new approaches to the concept and legal nature of guarantees and compensations.The research based on the Russian Federation Labor Code norms and the labor law doctrinestudies the concepts, definitions of the guarantees and compensations. Russian labor law theory has notdeveloped the concept of guarantees and compensations, which obviously poses problems of applyingrespective norms of labor laws. This is especially evident in the case of mixing up the norms on guaranteesand compensations with the norms of the concept of salary. Besides, guarantees and compensationshave not been identified as part of the Russian labor law as a system. The paper proposes a system analysisof the problems of guarantees and compensations and the development of the conception guaranteesand compensations in the Russian labor law. This aim to be achieved, the following tasks should be approached:to reveal the features of guarantees and compensations as a category of labor law; to definethe concept of guarantees and compensations; to draw a demarcation line between guarantee paymentsand salary, as well as to differentiate various compensation payments as an element of the institutionof salary and compensations. The object of the research is the relation as to providing guarantees andcompensations to employees; the subject-matter are the norms of Russian labor law on guarantees andcompensations, theoretical assumptions of the experts in labor law. The work is the first complex researchof the fundamental concepts of labor law and the problems of guarantees and compensations in the modernenvironment. The presented theoretical assumptions contribute significantly to the conceptual modelof regulating guarantees and compensations and serve as a basis for further relevant research of suchcomplex legal concepts as guarantees and compensations and can promote to the development of theRussian Federation Labor Code and other normative legal acts containing the labor law norms.