THE RIGHT OF EMPLOYMENT RETURN AND PROSPECTS FOR ITS REINSTATEMENT IN THE LEGISLATION OF RUSSIA AND BELARUS

Abstract

The paper examines the legal construct of the "right of employment return". The object of the study is public relations associated with the employment of persons, who were previously dismissed on the initiative of the employer due to a reduction in the number or staff of employees. The subject of the study is the legal norms of Russian and Belarusian labour legislation. The purpose of the study is to legally assess the prospects for introducing the right of employment return into modern legal reality. The work contains a new approach to defining the right of employment return that meets the interests of both parties to the employment contract. The practical significance of the results of the work is that the introduction of the proposed legal concept into legislation will allow, along with the establishment of an additional guarantee for the implementation of the right to work of laid-off workers, to ensure the effective implementation of the economic and production function of labour law, without which it is impossible to improve the standard of living of workers. In addition, the proposed changes to the legislation will allow employees to avoid repeated dismissal from the enterprise (due to being accepted for a position without passing a professional selection) and serious psychological shocks, associated with this.