Comparative Legal Analysis of Domestic Worker’s Legal Status under International and Russian Law

Bekyashev D.K. , Mikrina V.G.
International Journal of Economics & Business Administration, Volume VII, Special Issue 1, 150-162, 2019

Abstract:

Purpose: The article aims to identify the international legal mechanisms for protecting the labour rights of domestic workers and determine the extent of their conformity with the Russian legislation. Structure / Methodology / Approach: To determine the mechanisms for protecting the labour rights of domestic workers, it seems necessary: first, to estimate the efficiency of the international legal mechanisms; second, to analyze the labour standards of the Russian legislation aimed at the legal registration of such labour relations; third, to study the provisions of the legislation in a number of states; fourth, to formulate recommendations on the implementation of the provisions of the international labour law in part of regulation of domestic workers’ labour; fifth, to determine the legal prospects for the Russia's participation in ILO Convention No. 189 concerning Decent Work for Domestic Workers. Results: The conducted comparative legal analysis showed that the Russian legislation in general complies with the provisions of ILO Convention No. 189 concerning Decent Work. However, in practice labour relations with domestic workers are rarely subject to legal formalization, which results in the violation of rights of such workers without further consequences. The authors propose to enshrine in the legislation the employer's obligation to conclude written employment contracts. Besides, the authors have developed proposals for improving the existing labour legislation in accordance with the international standards. Practical Implications: The results can be used to improve international legal regulations, as well as in the formulation of policies aimed to protect and promote the labour rights. Originality / Value. The main contribution of this study is the elaboration of ways aimed at progressive development of international and national legal regulation of relations associated with the legal status and labour of domestic workers.


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