Legal Culture of Labor through the Aspect of Changing Labor Contract Initiated by Employer
Annotaton: the article is dedicated to the legal problems of forming legal culture of labor especially the problem of using clause 74 of Labor Code of the Russian Federation (LC RF) in case of changing locality as a condition of labor contract deal with work location. The author analyzes the question of which clause should be guiding one in case of changing locality as a condition of labor contract deal with work location - clause 72.1 of LC RF or clause 74 of LC RF? The author underlines that formulation of clause 74 of LC RF characteristic concerning “right of employer to change conditions of labor contract in unilateral manner” is not correct. The author believes that is it more correct not to discuss unilateral changing but employer’s initiative of such changes in cases of impossibility to save labor contract conditions determined previously by both sides. The conclusion about the real problem and the way of its solve is based on the theoretic analysis and research of law-enforcement practice of using clauses of LC RF deal with changing labor contract initiated by employer. The author posses that the option which helps to solve the problem is interpretation of clause 74 of LC RF based on principle of the right of free choose of labor. At the practical level the possible option is to add some changes in part 1 of clause 74 of LC RF. The author makes his own reduction of this clause. Suggested options facilitate the improvement of labor legal culture.