Secondary employment: Discussion issues of legal and individual regulation

The article explores the aspects of secondary employment as one of the central institutes of labor law. The system-forming provisions in the framework of which the research is conducted are statements that "all are equal before the law and the court", "the state guarantees equality of rights and freedoms of man and citizen", "the rights of a part-time worker and a citizen claiming this work" are not interrelated. The sources are both scientific research and judicial practice. Research methods are a general scientific method, a comparative legal method and the method of peer review. Separately, the article draws attention to the fact that there are contradictory terms in national legal acts in the sphere of labor, e.g., "conclusion of an employment contract" (Articles 63, 64 and 64.1 of the Labor Code of the Russian Federation (LC RF)) and "recruitment" (Article 68 of LC RF). A number of authors, not critically referring to these terms, come to a contentious conclusion. "We can draw a conclusion about the delimitation by the legislator of the moment of the conclusion of an employment contract and the moment of recruitment. Therefore, fulfilling the requirements of Art. 283, an employee who has concluded an employment contract on the conditions of outside secondary employment upon acquaintance with the order for employment (that is, immediately at the time of being hired) is required to repeatedly present to the employer an identification document and, in special cases, a document on education or vocational training, or a certificate of the nature and conditions of work at the place of primary employment. The meaning of this double control of the documents of this employee is not clear". The author, in her conclusion, asserts that "Article 288 of LC RF contradicts Article 3 of LC RF that guarantees equal opportunities for the exercise of their labor rights to all workers". Article 3 of LC RF almost literally reproduces Parts 1 and 2 of Article 19 of the Constitution of the Russian Federation: "All are equal before the law and the court. The state guarantees equality of rights and freedoms of man and citizen. The rights of a part-time employee and a citizen claiming this job are not interrelated. The federal law can restrict the citizen's right only if the other citizen has the right to a given job or a legitimate interest" (Part 3, Article 55 of the Constitution of the Russian Federation, Article 16 of LC RF). In practice, according to Article 288 of the Labor Code of the Russian Federation, secondary employment contracts are generally terminated in other cases: when citizens only have an interest not protected by the court.

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