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Observance of Labor Rights of Russian Citizens Abroad and Foreign Citizens in the Russian Federation

Student: Marazhabbai kyzy Asel

Supervisor: Aleksandra Kasatkina

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2018

This master dissertation is aimed to identify the actual problems of the observance of Labor Rights of Russian Citizens Abroad and Foreign Citizens in the Russian Federation. The master dissertation consists of an introduction, three chapters, each of which consists of two paragraphs, a conclusion and references. Chapter I examines the legal qualifications of the employee as a subject of international private labor law, as well as the basic rights of the employee. Chapter II is devoted to the analysis of the norms of the Russian labor law. In addition, examines the issues of the extraterritoriality of the action of norms and the peculiarities of concluding an employment contract with a foreign citizen. The final Chapter III, deals with the applicable law which applied to cross-border labor relations. A separate paragraph is devoted to the regulation of labor of Russian citizens in the countries of the European Union. Based on this research the following conclusions were made: firstly, the Human Right to work remains one of the fundamental Human Rights; secondly, in relation to foreign citizens who engage in labor activity outside the territory of their citizenship, the following terms are used in regulatory legal acts: "foreign worker" and "migrant worker"; thirdly, foreign citizens have equal Labor Rights on an equal footing with the citizens of the Russian Federation, with the exception of certain restrictions; fourthly, the most common conflict of laws are: autonomy of the will (lex voluntatis) and the law of the place of work (lex loci laboris); fifthly, most EU countries regulate cross-border labor relations on the basis of national legislation in close interweaving with EU legislation.

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