The Rules on Agency Labour in the Labour Legislation of the Russian Federation

Abstract

The article refers to the concept new to the Russian labour legislation—agency labour. It examines the problem in legal regulation of the labour contract workers and attempts by the state as part of the solution to this problem regulate legal relations regarding the use of agency labour. The article analyses new to the Russian labour legislation of the Russian Federation rules on agency labour and delivery staff (personnel). The article provides examples of legal regulation of agency labour in some European countries, related to agency labour which recently was negative because of the position of the International Labour Organization, expressed in a number of conventions and recommendations. In the course of the study, such scientific methods as the subject, and specially-legal methods (historical and legal, comparative law) were used. The author distinguishes several periods of agency labour. At the initial stage of the development of agency labour, in Russia there existed ignoring behaviour of the legislator in relation to the agency labour. Then, taking into account the negative consequences for the Russian society, we observed protective options: the negative reaction of the tax authorities, prosecutors and courts to the employment agency workers. Today we can already talk about the combination of adaptive and active variants of behaviour. Based on the study, the author concludes that the meaning of certain provisions of the agency labour needs further interpretation and application of the new rules will not lead to a ban, but to the actual legalization of agency labour through a permitted exception, as it does not appear in principle prohibited by the difference between the borrowing and labour grant temporary provision of personnel. The author sees the new rules a lot of positive things (requirements for accreditation of private employment agencies, the presence of mechanisms to protect the rights, freedoms and legitimate interests of the participants in these relationships).

DOI: 10.5901/mjss.2015.v6n5s4p497