Transnational corporations and the regulation of labor relations complicated by a foreign element

Abstract

The concept of legal regulation of labor relations, in which a foreign organization acts on the employer’s side, has been awaiting its formation for a long time. The economic and legal conditions of economic life and business activity in Russia, as well as abroad, have long since changed dramatically. At the same time, national standards do not take into account the specifics of work in organizations with a cross-border nature of activity, and international standards are not distinguished by certainty. Such an economic and legal phenomenon as a transnational corporation has a certain impact on the vision of the situation and legal decisions. Traditional ideas about transnational corporations blur the difference between employers with a complex structure (employers with separate structural divisions) and integration groups of employers so far generally ignored by the legislator, limiting the circle of foreign employers only to those that have a commercial nature of activity. This approach is not acceptable for relations in the sphere of labor, the legal regulation of which must take into account the diversity of methods and forms of organizing the activities of economic entities, including activities of a cross-border nature. To avoid difficulties with legal qualifications, the concept of “transnational corporation” should be perceived in the scope and with the content that corresponds to the term denoting it.

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