Legal regulation of employment relations with heads of organizations in Belarus and Russia

Abstract

The purpose of this article is to better understand the legal status of the head of the organization, especially his appointment, to analyze in a comparative aspect the additional grounds for termination of the employment contract with the head of the organization according to with the legislation of Belarus and Russia and to develop proposals for its harmonization. The above-mentioned goal predetermined the formulation of a number of tasks to be solved in this paper. One of these tasks is to analyze the complex legal status of the head of the organization (dual in labour law and triple based on the norms of civil law, especially corporate law) based on the development of Belarusian and Russian legal scientists and comparative analysis of the national legislation of the Republic of Belarus and the Russian Federation. The second task is to find the best ways to improve the rules on termination of employment contracts with heads of organizations in Belarus and Russia in compliance with the balance of interests of hired top-managers and property owners of organizations (founders). The article also examines several controversial theoretical and practical issues related to the establishment of legal relations with the head, which is the sole founder of a legal entity as well as review the additional grounds for terminating an employment contract with the head of the organization under the labour legislation of Belarus and Russia, identifies gaps and collisions. The article uses the comparative legal method, system analysis and logical methods.