Viktoria O. Borovchenkova
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Realization of employer power to exercise control through technical means: legal aspectsMoscow University Bulletin. Series 11. Law. 2024. 4. p.67-78read more79
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In the period of constantly changing conditions and instability, the legal regulation of labor relations is being adapted to new challenges, which are caused by both global processes taking place in the world and economic, political, cultural changes. Thus, throughout the history of the development of employer power, the relevant questions are what elements are included in the concept of employer power, to what extent the employer has the right to control employees and regulate the performance of the labor function in terms of its flexibility, and what limits of the implementation of employer power are permissible in the field of labor. The definition of the concept and the content of the concept of employer power are considered depending on the development of the science of labor law in a particular historical period. Nevertheless, despite this, the essence of the nature of the employer’s power for the most part remains unchanged and characteristic of labor relations. This article will consider the concept of employer’s power through the prism of historical aspect, issues of influence of new technical means and information technologies on the implementation of employer’s power, permissible goals of employer’s control as a constituent component of the power, taking into account the interests of the parties to labor relations and the state. Particular attention is paid to the limits of realization of normative and disciplinary power of the employer.Keywords: employer power, aspects of the implementation of employer power, employer control, digitalization, labor relations.
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