К вопросу о служебной командировке в трудовом праве Российской Федерации

The present chapter, which embeds business travel and crossover research, examines the effects of business trips, which are an ever increasing feature of globalization, on personal well-being and the family domain. In contrast to past research with its focus on the negative psychological and physical consequences of the stress of business traveling, the focus of this chapter is on the positive repercussions. Thus, the current study examined the antecedents of engagement1 (vigor) and the crossover of engagement (vigor) from business travelers to their spouses and vice versa in a sample consisting of 275 business travelers and their working spouses. The business travelers (21% of them females) were required to travel abroad several times a year within the framework of their jobs. We found that the number of trips of the travelers and their trip control as well as their business trips satisfaction and their work-family conflict were positively related to their engagement (vigor). For spouses, only their perception of travelers’ trip control and their work-family conflict were positively related to the engagement. Furthermore, we found a uni-directional crossover of engagement from the spouses to the business travelers. We discuss the implications of these findings and suggest avenues for future research.

the present publication aims to analyze the interpenetration of labor and civil law norms in certain mechanisms for regulating sectoral legal relations, while, primarily focusing on private law constructs in labor legislation. Quite common are cases in which it is not enough for the law enforcement officer to rely only on the norms of labor legislation and/or other regulatory legal acts containing labor law norms. Based on the above, despite the provisions of Article 5 of the Labor Code of the Russian Federation, the partial use of regulatory constructs that fall outside the sphere of civil law is advisable only if the priority of protecting labor rights and interests protected by law is observed. The authors consider that certain cases of using private law constructs are permissible, and in some situations, the only correct ones, which also aims to reduce the regulatory burden and ensure uniformity of law enforcement practice.

Business travelers play a significant role in the hotel industry. Considering the growing market size of business travelers and the lack of understanding of the rapidly changing needs of today’s business travelers, this study examines attributes that optimize business travelers’ experiences during their hotel stays. A self-administered, open-ended online survey was conducted from business travelers. Results from content analysis identify key themes that contribute to business travelers’ happy and productive experiences. The hotel room atmospherics, food & beverage, and hotel room amenities are viewed as important attributes for business travelers’ happy experience, whereas tangible hotel service, hotel room amenities, and hotel room atmospherics are viewed as key attributes for their productive experience during their business trips. Results suggest implications for enhancing business travelers’ experience design strategy.

The low carbohydrate (low-carb) movement has been impacting all facets of the hospitality industry including restaurants, hotels, airlines and conventions. The purpose of this study was to identify business travelers' low-carb diet practices and to understand their experiences with low-carbohydrate menus during business trips. The findings indicate that the respondents' experiences with low-carb foods during their business trips are influential in predicting their behavior regarding following a diet in the future. The findings imply that the hospitality industry facets interfacing with business travelers need to continue development of low-carb menu offerings if they are to meet business travelers' needs.

Most often, the principles of law in specialized literature are understood as the “initial principles”, “ideas” and “provisions” of law. It seems that such conclusions could only be made from the standpoint of legal positivism, which restricts essentially “all” law only to the norms of labour law contained in national legal acts. The article makes a different conclusion: ontologically homogeneous elements are synthesized from the position of the scientifically substantiated concept of integrative legal understanding, first of all, the principles and norms of labour law contained in a single, developing and multilevel system of forms of national and (or) international labour law implemented in the state. With this theoretical approach, the principles of law can be controversially referred to as quite vague “principles,” “ideas,” and “positions”. In support of their position, the authors of the article present several vivid examples of application of the Ruling No. 21 of the Plenary Session of the Supreme Court of the Russian Federation on June 2, 2015 “On Certain Issues that Arose in the Courts when Applying Legislation Governing the Work of the Head of the Organization and Members of the Collegial Executive Body of the Organization”. The article provides an overview of ideas about the principles of law and their change in the pre-revolutionary, Soviet and modern periods. The authors emphasize that the special principles of national labour law are derived from the fundamental (general) principles of both national and international law which, by their nature, constitute undeniable law (jus cogens) binding on law-making and law-enforcement agencies as well as officials. The article advocates the position that the special principles of national labour law are the fundamental, primary elements of the labour law system that independently regulate labour relations in order to specify the norms of labour law.

Business travel is important and yet very few attempts have been made to model it. The aim of this study is to identify those economic variables that are most important in influencing business trips to Australia from four of Australia's most important travel and trade partners. Using a standard demand modelling approach suitably modified to deal with the motivations for business trips, Johansen's Full Information Maximum Likelihood technique is used to estimate the long-run relationship between business travel and its explanators. We find that the importance of the economic variables varies from country to country, although overall openness to trade and origin country real income are important variables explaining business travel.

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

Individual contractual regulation, which reflects the real needs of the development of relations between an employee-athlete and an employer-sports organization, plays an important role in regulating the labor activities of athletes. Thus, the employment contract concluded with an athlete contains a number of conditions that objectively and significantly individualize his work, i.e. conditions inherent only to this category of employees. Moreover, it enshrines differential conditions for each specifically defined employee­athlete. The purpose of the article is to consider the specifics of the labor contract concluded between an employee-athlete and an employer­sports organization. It was concluded that the labor relations of a professional athlete should be regulated precisely by the norms of labor law and a special law on professional sports, which regulates the entire complex of relations between the state and participants in professional sports, although today there are opinions that the work of professional athletes should be provided with the help of civil - legal regulation. It is noted that, as of today, the main national law in the field of sports - the Law «On physical culture and sports» dated 12.24.1993 concerns only the general foundations of activities in the field of physical culture and sports, at the same time, it does not even contain an acceptable definition of such a concept as «labor contract with a professional athlete». Therefore, it is proposed to supplement the specified Law with a norm to provide for the definition of an employment contract with a professional athlete. In particular, as an employment agreement between an employee­athlete and an employer-sports organization with all appendices, changes and additions, concluded in accordance with the legislation of Ukraine, on the basis of which labor relations arise regarding the preparation and participation of the athlete in competitions for a monetary reward paid by the club. At the same time, in addition to defining and enshrining at the legislative level the concept of an athlete’s employment contract, the proposal to develop a standard form of contract with athletes of various sports was supported, the development of which should be based on the main directions of the joint sports activities of the athlete and the sports organization, which directly consists in the preparation athlete to a successful performance at competitions.

The relevance of the study is due to the need to implement independent legal regulation of social and labor relations by the norms of labor law, taking into account the modern paradigm of labor law, in particular the features of the technological process in specific organizations. The independence of the employment contract and labor law is affirmed. It is noted that the inclusion of an employment contract among civil contracts does not contribute to the development of industrial relations and does not correspond to the rights and interests of workers. It is noted that the regulation of labor relations by sources of civil legislation cannot take into account either the specifics of the activities of certain organizations, or the rights and interests of individual workers. It is concluded that the employment contract can be considered a unique source of labor law, since it is valid only in the relationship between the employee and the employer. It is noted that the relationship between an employee and an employer is not a relationship between two legally equal entities, the obligation of one of which is the obligation to make efforts (the obligation to work, following the instructions of the employer), and the obligation of the second is to pay money for the efforts made. This is not a private law relationship. It involves the power and subordination that characterize public relations. It is indicated that labor legislation does not properly regulate issues of the conditions for the validity of labor transactions and the legal consequences of their invalidity. Attention is drawn to the fact that the discussion itself about the sectoral affiliation of the employment contract should, first of all, have practical significance. It is argued that the need for subsidiary application of civil law to labor relations does not determine the absorption of labor law by civil law. This only presents the mechanism of “legal economy” that the legislator uses.

The article deals with the issues of dependence of flexible or rigid labour law norms and macroeconomic effectiveness. The conclusion is made that traditional neoliberal dogmas about negative effect of labour law norms on the economic effectiveness are not supported by the serious empirical proof. In contrary, modern researches show that the long-term positive economic effect of labour law norms may be found in such issues as diminishing the incomes gap, growing consumers’ demand, workforce productivity and creation of knowledge-based economy. The Russian labour law is considered to be not enough flexible in the issues of bureaucratic obligations of the employers towards the state in the human resources management matters. Those requirements should be alleviated without a real danger to harm the employees’ rights. In contrast, the regulation of relations between the employers and employees is considered to be overly flexible, contrary to the popular myths that it repeats the Soviet rigid labour law norms. The author claims that there is enough space to enhance the protection norms in the areas of social dialogue, minimum wages, working time, the regulation of labour relations within the groups of companies and in the number of other issues. All mentioned directions of law modification will not lead to the negative consequences to the economy, but would rather result in a better social stability and employers’ effectiveness in the time of macroeconomic crisis.

The article pays special attention to such types of employee training as an apprenticeship contract, additional vocational education, mentoring, and labor protection training. The analysis of the training regulations showed that, firstly, the legal basis for almost all types of training is the Labor Code of the Russian Federation and other regulatory legal acts containing labor law norms, but a special feature is the possibility of regulating the training process at a specific employer by local regulatory acts, fi lling in the gaps in the legislation. Secondly, the authors distinguish between mandatory and optional training based on the principle that any training of employees is carried out on a voluntary basis, unless otherwise provided by regulatory legal acts. Thirdly, the authors prove the comprehensive nature of training, focused on a combination of theoretical knowledge and the acquisition of practical skills by employees. Further prospects for improving the employee training process are highlighted, in particular, the importance of detailing the rules on employee training in one chapter of the Labor Code of the Russian Federation not only for the purpose of systematizing training, but also to enhance the importance of this factor in the activities of the employer and in the process of the employee’s work.

A customer survey conducted from the perspective of the theory of reasoned action (TORA) supplies data which guide hotel marketing strategy. TORA is used to describe behavioural intentions of international business travellers. The two predictor constructs contained in the theory, attitude‐towards‐the‐act and subjective norm, jointly explain about 65 per cent of the variance in the criterion variable, intention to stay in the hotel on the next business trip. Of the two predictors, attitude‐towards‐the‐act makes by far the weightier and more significant contribution. Finds that attitudes rotate around service quality expectations. Discusses implications for marketing strategy.

Some millennials need a comfortable resting place for business trips. The purpose of this study is to analyze what factors influence millennial behavior towards their preferences for choosing hotels during business trips. This study uses a quantitative method with an EFA (Exploratory Factor Analysis) approach with secondary data and primary data stages referring to millennial preference behavior in choosing hotel recommendations. The results of the analysis of millennial behavior factors on preferences for choosing hotels when traveling on business, can show the recommendation of the millennial generation's choice of hotels for business travel needs which refers to millennial behavior towards preferences.

Good management in conducting business trips has a positive effect on employees who take business trips and also on the smooth operation of the company. There are so many business travel destinations that are financed directly by the company such as: Business visits, parties, general meetings, educational and training activities as well as socialization. The method used by the author in this study is the Waterfall method which consists of: Requirements, Design, implementation, Verification and Maintenance. The result of this research is to produce an information system for official travel orders that will assist employees in the process of submitting a letter of assignment and the process of calculating official travel costs.

The article is subdivided into two parts. While the first part reflects the so far development in the recodification of the Czech private law and its trends, the second part of the paper analyses in general terms certain parts of the Civil Code as arranged according to sections and presented for discussion. At the beginning, the authors state that after the year 1989 with respect to the initiated fundamental social changes, especially in the light of the transition to market economy, the situation in legislation was far from satisfactory. Therefore, after the first urgent legislative initiatives (fundamental amendment of the Civil Code, adoption of the Commercial Code) a pressing need for a systematic re-codification of private law arose. Each civil law codification represents an important landmark not only in the development of the civil law itself, but it is a landmark in the legal system as a whole. This applies both to jurisdictions where the new codification through the new enriching elements consummates the prior consolidated and stabilized development and to such jurisdictions - as is the case of this post-communist country – where the recodification represents an opportunity to heal the vacuum in civil law and the deformations and weak points of the civil law regulation before the year 1989 (see especially considerable disintegration of individual parts of civil law provided for in a number of codices, among which, however, no necessary links have been established). The article concludes that in spite of numerous de-codification phenomena, characteristic of modern society, the codification of private law is the basis of unified and integral system and does not represent a hangover of the old times. For all these reasons it was perfectly justified to proceed to the re-codification of civil law in this country. The codification, however, has to meet certain fundamental prerequisites in order to exercise its function in modern society. First, in its fundamental concept expressed most generally in the code the re-codification must reflect – through its philosophical idea determining the purpose of private law together with its universally recognized unifying civil law principles, either explicit or not, as well as through the regulation of the fundamental civil law concepts effected to a reasonably general degree and on a professional level – not only the current situation and needs but also the civil law relations to be expected in the third millennium. This fundamental approach expressed in the most generally conceived code must also allow for continuous and flexible responses to new phenomena arising from the current accelerating speed of social, economic, and technological changes. To meet these purposes, the conception has to be such so as to enable the creation and functioning of special legal norms, especially acts, which as complements to generally conceived code shall represent integral parts of a unified and integral system of civil law and the court decision which within the framework of continental written law play a role indispensable in the process of formation of the contents of civil law norms. The present paper argues that the submitted codification introduced by the most generally conceived code as universal basis, which in a subsidiary manner is applicable to all other branches of civil law, is capable of meeting the expectations of the modern society to have a unified, integral, complete, yet open, harmonized and transparent system of private law. It is the Civil Code that should assume the position of such generally conceived code (codex) also because it has always played such role and has had a traditional position in continental law. In the following passages, the article focuses on the mutual relationship between the Civil Code on one hand and the Commercial and Labour Codes on the other. In conformity with the intended subject-matter of the law as subsequently adopted, the article comes to a conclusion that it is theoretically justified and systematic to designate the special commercial regulation currently in preparation as a law. This special business regulation in a form of law shall in its coherence (it will involve the provisions regulating fundamental business law concepts, companies, co-operatives, etc.) is going to represent a secondary general basis to be applicable for other business law norms in a subsidiary manner. On the other hand, the article is critical of the fact, that the approved intended subject-matter of the Civil Code counts on the existence of Labour Code which fact is incoherent from the theoretical as well as systematic point of view. It is true that the subsidiary affect of the general part of the Civil Code (as a basic private law code) on employment relations is admitted (subsidiary principle), the leading principle, however, is that the Labour Code itself determines which provisions of the Civil Code may apply to employment relationship (the principal of delegation). In its second part, the article analyses – mostly in general terms – the submitted general part as subdivided into sections and the authors show some of the fundamental strong points of this part (the approach to private law in its completeness, natural link with the constitutional and international bases of private law, the emphasis placed on the non-mandatory character of the private law regulation), and they also draw the attention to some of the weak points (especially the system of delimitation of the regulation of general rights of persons in the Civil Code and in the special legislation, the proposed regulation of juridical persons, the proposed conception of things). The article also deals with the legal terminology, the formulations and the legal language as a whole which is used in the general part as subdivided into sections. In this respect, the paper recommends a rather reserved approach with respect to the principal of continuity. Terminology, terminological phrases and concepts once adopted both in practice and theory and used over a long period of time, and then changed, may bring about the risk of destabilization of legal practice and cause legal uncertainty. In the conclusion, the authors explain why the adoption of the new Civil Code as a universal basis of private law, should not be unreasonably hasty with regard to its key role in civil law, legal system and the life of society at large, no matter how urgent such re-codification appears to be in this country, its legal system and society. The commenced and continuing legislative work should not result in immature civil law re-codification which would in its system, contents and terminology represent anything else than modern, relatively stable, well designed and solid framework for private law relations rightly expected by the public.