Legal Conseqences of Erroneous Legal Acts in Labour-law Relations
Vol.16,No.4(2008)
Abstract
Pages:
369–374
This article proposes to describe positive legal regulation of legal consequences of erroneous legal acts in labour-law relations and draw attention to several interpretive and application problems connected with it. The other goal is to contribute to the discussion relating to Labour Code amendment, which is being prepared in these days and which is probably going to change this legal regulation among others.
Advance working at this amendment has been in progress for several months and are going to continue for other next months. These works are accompanied by quite a wide range of attitudes and opinions, which is appropriate to the meaning and importance of abovementioned conceptual changes. The legal regulation of erroneous legal acts consequences seems to be of a less importance than other topics which are being discussed in connection with the Labour Code amendment at first sight. However, as it results from practical experience, the significance of this legal regulation is substantial.
In the part of the article, where the existing legal regulation is described, author criticizes its unwished effects and puts forward other reasons for its change. Fundamental part of the article contains description of proposes for the legislation changes, which is followed by description of its shortcomings and possible problems connected with it. Due to these problems, author expresses his opinion that described proposes are not going to improve the situation and make the legal regulation clearer and more simply applicable.
In the very end of the article, author lays before his own proposes on the legislation changes. The basis of this proposal is to repeal the current legal regulation of erroneous legal acts consequences and act upon the regulation set fort in the Civil Code.
Advance working at this amendment has been in progress for several months and are going to continue for other next months. These works are accompanied by quite a wide range of attitudes and opinions, which is appropriate to the meaning and importance of abovementioned conceptual changes. The legal regulation of erroneous legal acts consequences seems to be of a less importance than other topics which are being discussed in connection with the Labour Code amendment at first sight. However, as it results from practical experience, the significance of this legal regulation is substantial.
In the part of the article, where the existing legal regulation is described, author criticizes its unwished effects and puts forward other reasons for its change. Fundamental part of the article contains description of proposes for the legislation changes, which is followed by description of its shortcomings and possible problems connected with it. Due to these problems, author expresses his opinion that described proposes are not going to improve the situation and make the legal regulation clearer and more simply applicable.
In the very end of the article, author lays before his own proposes on the legislation changes. The basis of this proposal is to repeal the current legal regulation of erroneous legal acts consequences and act upon the regulation set fort in the Civil Code.
369–374
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