Terminological novelties in employment legislation in the light of the concept of social risks
Social risk management as a process of purposeful impact on them (their assessment, distribution, prevention, overcoming and compensation) is impossible without legal mediation. The language of the law should be understandable not only to law enforcement officers with the necessary level of legal knowledge, but also to citizens who are recipients of protection from social risks. Terminology, as one of the important parts of language, expresses categories of legal reality externally, giving them certainty and making them accessible to perception. An analysis of Federal Law No. 565-FZ dated 12.12.2023 "On Employment of the Population in the Russian Federation" showed that the formalization of basic definitions in legislation is not an easy process. The appearance of a separate article in this law, combining the basic definitions of concepts, deserves unconditional support, since such a method and place of formalization, on the one hand, gives greater clarity to the norms of law, on the other hand, makes it possible to clarify which aspects of the legal regulation of public relations in a particular area the legislator wants to pay attention to. It is emphasized that the basic concept of employment, on the one hand, has retained its key characteristics, on the other hand, it has been clarified and modernized. Thus, the continuity and continuity of the development of the terminological apparatus in this area is ensured. The shortcomings of the new law on employment promotion are also noted, in particular, the lack of legal definitions of the concepts of platform employed, self-employed citizens, which does not allow them to build a system of protection against the social risk of unemployment. Examples of terminological innovations in employment legislation – "citizens at risk of dismissal", "profiling of citizens looking for work, unemployed citizens", "profiling of employers" – give reason to believe that social protection in the field of employment promotion is increasingly regulated taking into account a risk-based approach. The result of the study was the conclusion that there is an objective need for further analysis of the provisions of legislation on employment promotion as the practice of its application is formed from the point of view of the concept of social risk.
Authors
- Yelena A. Istomina (ORCID: https://orcid.org/0000-0003-4984-7627)
- Marina Fedorova (ORCID: https://orcid.org/0000-0002-3680-759X)
Publication Details
- Journal
- Russian Journal of Labour & Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.21638/spbu32.2025.110
- Primary Topic
- Polish Law and Legal System
- Type
- article
- Field-Weighted Citation Impact
- 0.00