Hired Labor and Entrepreneurial Risk: Legal Issues of the Correlation

The exercise of employer power is associated with the adoption and implementation of managerial decisions to determine the quantitative and qualitative parameters of local labour organization, as well as with the legal mediation of these decisions. Such mediation takes place within the framework of various legal constructions, the application of which is allowed by labour legislation and law enforcement practice. The employer's choice of a particular legal structure for legal registration of a particular managerial decision is closely related to the realisation of its interests (primarily economic), which may lead to a worsening of the employee's position in terms of the use of alternatives, based on the intended purpose of the legal norms enshrining them and the rights and guarantees provided. Formal inconsistency of the employer's actions with the "letter" of the law allows him to make attempts to shift the entrepreneurial risk to employees in terms of using the most economically favourable legal structure to the detriment of the employee's position. In this connection, the teleological interpretation of the possibility of the employer's application of certain legal constructions is of particular importance.