Formation and Development of Labor Legislation Regulating the Liability of the Head of the Organization

In this article, which is one of the few works devoted to the designated topic, the study of which is caused by the need to obtain a complete understanding of the concept of liability of the head of the organization, enshrined in the current labor legislation, the evolution of regulatory legal acts regulating it at various stages of the socio-economic development of the Russian state, starting with the first Labor Code of 1918, which marked the beginning of the formation of domestic labor law is being analyzed. The analysis showed that the Labor Code of 1922 and the set of regulations adopted in the late 20s and early 30s of the last century for the first time formed the legal basis for the liability of workers who performed responsible labor functions, including managers of enterprises. The article draws attention to its further development associated with the adoption of subsequent codified acts on labor and other regulatory legal acts, which, while maintaining continuity, established the liability of these workers, calling them variously: “persons of the administration”, “responsible officials”, “heads”, “leading persons”, “officials”, “persons of administrative and economic and administrative and technical personnel”, while not disclosing their concepts. Significant shortcomings of this normative material are revealed, which negatively affected the provisions enshrined in Art. 277 of the Labor Code of the Russian Federation, the concept of liability of the heads of the organization, which does not correspond to the principles of labor law and the institution of legal liability. It is concluded that the results of the study will contribute to the improvement of the norms governing the liability of the head of the organization, in a direction consistent with these principles.

property liability, material liability, employer, employee, head of organization, labor legislation