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Actual Problems of
Economics and Law

 

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DOI: 10.21202/1993-047X.09.2015.2.273-279

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Authors :
1. Marina Eduardovna Kandel, leading legal adviser
"Center for International Trade" Open Corporation, Moscow, Russia



Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation


Objective: to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter, which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor, and its implementation in the Labor Law of the Russian Federation, in connection with acceptance of obligations under Art. 7 of the European Social Charter.

Methods: comparative legal research method was applied.

Results: the comparative legal analysis was carried out of the implementation of measures and warranties, expressed in Art. 7 of the European Social Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law; investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention; the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law.

Scientific novelty: for the first time, the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law; the degree of their compliance with the Charter is determined; practical steps are offered to reform the Russian legislation, with the aim of implementation of the assumed Charter obligations by the Russian Federation.

Practical value: the measures for the protection of children, proposed by the author, can be used in scientific, legislative and law-enforcement practice in Russia.
 


Keywords :

Danger; Infliction of physical or psychological harm; Workplace; Children; Youth; System of measures for the protection of young workers; Age of employment; Limiting hours of work; Measures of civil liability of the employer


Bibliography :

1. Conclusions of the Committee of Independent Experts XIII-2. (Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Iceland, Ireland, Italy, Malta, Netherlands, Norway, Spain, Sweden, United Kingdom). Social Charter. Pp. 295. URL: https://www.coe.int/t/dghl/monitoring/socialcharter/conclusions/Year/XIII2_en.pdf (accessed: 15.05.2015).
2. Commitee of Social Rights Conclusions 2010. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy). Council of Europe Publishing. 2011, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
3. European Social Charter Revised: Conclusions 2010. Articles 2, 4, 5, 6, 21, 22, 26, 28, 29. Vol. 2: Lithuania, Malta, Moldova, Netherlands (Kingdom in Europe), Norway, Portugal, Romania, Slovenia, Sweden, Turkey, Ukraine; European Social Charter: Conclusions XIX-3. 2010. Articles 2, 4, 5, 6 and Articles 2 and 3 of the 1988 Additional Protocol, Vol. XIX-3 Austria, Croatia, Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Poland, Slovakia, Spain, «the Former Yugoslav Republic of Macedonia», United Kingdom, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/conclusions/Year/2010Vol2_en.pdf (accessed: 29.08.2014)
4. European Committee of Social Rights Conclusions 2010. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy). Council of Europe Publishing. 2011. Vyvody XV-1, France. Vyvody XVIII-1, Zaklyucheniya 2006, available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
5. European Social Charter Revised: Conclusions 2010. Articles 2, 4, 5, 6, 21, 22, 26, 28, 29. Vol. 1 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy), available at: http://www.coe.int/t/dghl/monitoring/socialcharter/governmentalcommittee/2010_en.pdf (accessed: 29.08.2014)
 


Citation :

Kandel M.E. Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation, Actual Problems of Economics and Law, 2015, No. 2, pp. 273–279.
 


Type of article : The scientific article

Date of receipt of the article :
19.01.2015

Date of adoption of the print :
13.04.2015

Date of online accommodation :
15.07.2015