On Labor Relations When Serving Corrective Work
Persons sentenced to corrective work as employees performing a certain labor function are connected with their employers by an employment contract and are in an employment relationship with them. Such convicts are in a penal relationship with the state: their corrective work is based on a court conviction. These relationships exist independently and are not interconnected. The employment contract determines the list of rights, duties and benefits of employees when they perform a certain labor function, which apply to the period of the contract's validity. Punishment in the form of corrective work consists in restricting a number of convicts' rights in the performance of their labor function under employment contracts, and restrictions are valid for a period determined by a court sentence. These restrictions or duties are not related to the convicts' employment relationship, but constitute punitive or educational preventive content of the punishment, that is, they have a legal nature different from an employment relationship. Thus, the introduction into an employment contract of restrictions or obligations related to the execution of punishment in the form of corrective work is not only unjustified, but also inadequate to the requirements of the current legislation of the Russian Federation.