THE LEGAL NATURE OF INDIVIDUAL ACTS OF THE EMPLOYER

Proceeding from the traditional understanding of the employer as a law enforcer, the courts in the first half of the 2000s refused a claim for reinstatement at work in the event that the employer cancelled his order to dismiss the employee while the court considered the dispute on reinstatement at work. Traditionally, it was recognized that the employer had the right both to dissolve the employment contract and to restore the employee in the previous position by his will. Practice began to change in 2006 – after the Supreme Court of the Russian Federation had expressed a legal position according to which the employer couldn’t restore his labour relations with the dismissed employee by his unilateral act. Currently, the courts proceed from the fact that having terminated the employment contract the employer can’t unilaterally restore the employee at work, cancelling the dismissal order. In a number of judicial decisions it is said that only the court can restore labour relations in this case. The problem of the powers of the employer as a law enforcer requires a deep theoretical understanding, as today the former paradigm seems somewhat outdated in the context of amendments to legislation – the emergence of a chapter regulating distance work, norms that establish the possibility of providing personnel to others.