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Employer‘s Liability for Violation of Labor Laws

Student: Kalinkina Elena

Supervisor: Nikita Lyutov

Faculty: Faculty of Law

Educational Programme: Legal Support of Personnel Management (Master)

Year of Graduation: 2019

The purpose of this master thesis is a comprehensive study of theoretical approaches to the consideration of the employer's liability for violation of labor laws and the analysis of certain practical aspects of its implementation, such as identifying criteria of the wrongfulness of an act and determining the circle of persons for which it is applicable and necessary to apply liability measures for violation of labor laws. Chapter I of this thesis is devoted to the study of the legal nature of the liability for the violation of labor rights and the definition of its place in the system of legal liability. In this part of the thesis, the author considers legal liability as a legal category, defines its essence and content, describes the content, structure and interrelation of the components of legal liability for violation of labor law requirements and defines its place in the system of legal liability. Chapter II analyzes the implementation of the employer's legal liability for violation of labor laws. The question of determining the unlawfulness of the actions of the employer and assessing their public danger is investigated as well as the peculiarities of bringing those responsible to justice for violating the requirements of labor legislation are considered. According to the results of the conducted research and analysis, the author formulated the concept of an inter-branch complex of liability measures for violation of the requirements of labor legislation. Proposals were made to amend Russian legislation in terms of updating and clarifying the composition of violations of labor law requirements (felonies and administrative offenses) and grounds for exemption from liability.

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