Labor law Part 1 MUIV Witte Control 2

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Content: Трудовое право часть 1 КР №2 - вариант 2.docx 69,41 kB

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Task 1 At OJSC Plant of Construction Machines a conflict arose between two groups of shareholders. As a result, two general directors were elected at the same general meeting convened on the same day. One of the managers occupied the territory of the plant and began to actively recruit staff. However, a month later, by the decision of the regional arbitration court, the election of this director general was declared invalid. With the help of bailiffs, proper management entered the plant and stopped admitting unauthorized persons to it. The next day, the head of the organization announced the invalidity of the employment contracts concluded by the previous general director with the employees and dismissed all the employees he hired. In addition, he sent claims to the court demanding the return by these workers of illegally received, in his opinion, wages. The laid-off workers, in turn, filed counterclaims about reinstatement and recovery of wages for the time of forced absenteeism, referring to the fact that they, having concluded employment contracts, were allowed to work and carried out it. Questions: 1. What decision should make the court? 2. Justify this decision.
 
Task 2 A ninth-grade student Petrov at the age of 16 was a difficult teenager, often did not attend school and did not want to study. Mother asked the director of the organization where she worked herself to hire him. But he told her that according to the labor legislation he has no right to do this. Questions: 1. Does the director have the right to refuse Petrov to work? 2. When does an individual acquire employment legal personality?

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