Examination of labor law
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Examination of labor, which includes 1 theoretical question and 5 tasks.
For its preparation, normative legal acts and materials of judicial practice were used as of November 2018 (for a list of issues and objectives, see additional information).
In addition, adjustments are possible, based on the requirements of a particular school.
For its preparation, normative legal acts and materials of judicial practice were used as of November 2018 (for a list of issues and objectives, see additional information).
In addition, adjustments are possible, based on the requirements of a particular school.
Employee participation in the management of the organization.
Task No. 1. In accordance with the vacation schedule in effect in the organization, the 5th grade turner Mikhailov should go on leave for 28 calendar days from July 1, 2016. Due to the fact that the organization received additional financial support for the fulfillment of an important order, the employer told Mikhailov that it was impossible to give him leave during the indicated period, since the fulfillment of the received order is impossible without qualified employees in his area.
Are the actions of the employer correct?
How should this issue be resolved?
Is it possible to postpone vacation for the next year and in what order?
Problem number 2. In connection with drunkenness at work, Jordan issued an order for dismissal from work under p. 6 of Clause 6 of Article 81 of the Labor Code of the Russian Federation Vakhrushev, Bakharev, Kokarev. On the same day, continuing to consume alcoholic beverages at work, Vakhrushev, Bakharev, Kokarev held a meeting at which they decided to re-elect the general director, elect Vakhrushev as director, dismiss Jordan in accordance with paragraph 2 of Article 278 of the Labor Code of the Russian Federation.
Give an assessment of the actions of the parties.
Problem number 3. Begtyarev before the expiration of the probationary period was dismissed on October 2, 2017 under Art. 71 of the Labor Code of the Russian Federation as not having passed the probation period. At the time of his dismissal, the requirements of Article 71 of the Labor Code of the Russian Federation about a written warning of an employee for three days about the forthcoming dismissal were not met.
What is dismissal is illegal?
Is the violation of Begtyareva’s dismissal procedure sufficient reason to satisfy her demands for reinstatement?
Task No. 4. On December 19, 2016, 30 minutes before the start of the work shift, Mitrin was detained in a state of alcoholic intoxication at the plant´s entrance, and had no right to be released from work for this shift due to health reasons or with the permission of the administration. The medical assistant of the first-aid station of KMEZ OJSC established signs of a drunken state. Mitrin was suspended from work, and on December 20, 2016, he was dismissed under paragraphs (pb) p. 6 of article 81 of the LC RF.
When Mitrin’s claim for reinstatement was resolved, a dispute arose about the presence of disciplinary offense in Mitrin’s actions.
What is the content of the disciplinary offense the responsibility for which is stipulated by pb) p.6 of article 81 of the LC RF?
What means of proof are permissible, on whom is the burden of proof?
Task No. 5. Luch’s General Director Buchin adopted the Regulation “On Labor Discipline”, which provided for the possibility of applying to violators, along with disciplinary responsibility, such measures as reducing the annual paid leave for absenteeism by the number of absenteeism days; deprivation of bonuses, allowances, bonuses; the imposition of a fine; transfer of holidays from summer time to winter time.
Assess the compliance of this document with labor legislation.
Task No. 1. In accordance with the vacation schedule in effect in the organization, the 5th grade turner Mikhailov should go on leave for 28 calendar days from July 1, 2016. Due to the fact that the organization received additional financial support for the fulfillment of an important order, the employer told Mikhailov that it was impossible to give him leave during the indicated period, since the fulfillment of the received order is impossible without qualified employees in his area.
Are the actions of the employer correct?
How should this issue be resolved?
Is it possible to postpone vacation for the next year and in what order?
Problem number 2. In connection with drunkenness at work, Jordan issued an order for dismissal from work under p. 6 of Clause 6 of Article 81 of the Labor Code of the Russian Federation Vakhrushev, Bakharev, Kokarev. On the same day, continuing to consume alcoholic beverages at work, Vakhrushev, Bakharev, Kokarev held a meeting at which they decided to re-elect the general director, elect Vakhrushev as director, dismiss Jordan in accordance with paragraph 2 of Article 278 of the Labor Code of the Russian Federation.
Give an assessment of the actions of the parties.
Problem number 3. Begtyarev before the expiration of the probationary period was dismissed on October 2, 2017 under Art. 71 of the Labor Code of the Russian Federation as not having passed the probation period. At the time of his dismissal, the requirements of Article 71 of the Labor Code of the Russian Federation about a written warning of an employee for three days about the forthcoming dismissal were not met.
What is dismissal is illegal?
Is the violation of Begtyareva’s dismissal procedure sufficient reason to satisfy her demands for reinstatement?
Task No. 4. On December 19, 2016, 30 minutes before the start of the work shift, Mitrin was detained in a state of alcoholic intoxication at the plant´s entrance, and had no right to be released from work for this shift due to health reasons or with the permission of the administration. The medical assistant of the first-aid station of KMEZ OJSC established signs of a drunken state. Mitrin was suspended from work, and on December 20, 2016, he was dismissed under paragraphs (pb) p. 6 of article 81 of the LC RF.
When Mitrin’s claim for reinstatement was resolved, a dispute arose about the presence of disciplinary offense in Mitrin’s actions.
What is the content of the disciplinary offense the responsibility for which is stipulated by pb) p.6 of article 81 of the LC RF?
What means of proof are permissible, on whom is the burden of proof?
Task No. 5. Luch’s General Director Buchin adopted the Regulation “On Labor Discipline”, which provided for the possibility of applying to violators, along with disciplinary responsibility, such measures as reducing the annual paid leave for absenteeism by the number of absenteeism days; deprivation of bonuses, allowances, bonuses; the imposition of a fine; transfer of holidays from summer time to winter time.
Assess the compliance of this document with labor legislation.
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