Calculation of terms in labour law: the ratio of the general and special rules

About the author:

Larisa V. Zaytseva, Dr. Sci. (Jur.), Head of Labor and Entrepreneurship Department, University of Tyumen; l.v.zajceva@utmn.ru; ORCID: 0000-0001-6134-3734

Abstract:

The article is devoted to the issues of correlation of the general and special rules of the terms calculation in the labor law. The author demonstrates the collisions of the norms, which should help to determine the date of dismissal of an employee in the case, when the last day of the term coincides with the day o f f . Lack of balance and harmonization of legal norms on the calculation of time limits can result in violation of workers' labor rights and the emergence of labor disputes. The article contains specific proposals for the improvement of articles 14 and 84.1 of the Labor Code of the Russian Federation. The author formulates specific recommendations for employers and HR services, aimed at overcoming the identified gaps and contradictions of legislative regulation in practice. The author studies the contemporary state of legal regulation of this issue and formulates her own position within the frame of the subject-matter of the article. The conclusions set forward in the article can be used in law-application practice.

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