Interregional rotational method: discrimination of workers and imbalance of “northern” guarantees

Subject. The shortage of labor in the Russian labor market is one of the most serious challenges to the country's socio-economic development. Labor resources for production connected with the extraction of natural resources in the Far North and similar areas are provided using the rotational method of work organization. For persons working on the rotational method in the Far North and similar areas, the legislator has established increased guarantees and compensation in connection with work under extreme natural and climatic conditions. However, the analysis of current legal policy reveals a decrease in the level of established guarantees and compensation.The aim of the article is to identify the grounds for guarantees and compensation for persons working on the rotational method in the Far North and similar areas.Methodology. The study is based on the use of both general scientific (analysis, synthesis) and special (formal-legal, functional, legal-technical) research methods. The authors analyzed the materials of Russian judicial practice regarding the provision of guarantees and compensation for persons working on the rotational method in the Far North and similar areas.Main results. The authors criticized the dependence of guarantees for workers who perform rotational method in the Far North and similar areas from the place of permanent residence of the employee: in unfavourable climatic conditions in the Far North and similar areas or traveling to perform work from other regions. The authors noted that Article 302 of the Labor Code of the Russian Federation, which establishes guarantees and compensation for workers traveling to work on the rotational method in the Far North and equivalent areas, contains legal uncertainty in determining the duration of annual additional paid leave. At the same time, according to the provisions of this norm, the length of service, that entitles workers to appropriate guarantees and compensation when traveling to work on therotational method in the Far North and similar areas from other regions, includes only calendar days of rotation and actual travel time.Conclusions. The place of permanent residence of persons working on the rotational method in the Far North and similar areas cannot be used as a basis for differentiating legal regulation of labor relations. Thus, the definition of the length of rest time must be linked to working time, respectively, without making its duration dependent on factors unrelated to the performance of work duties. The authors propose to improve the legislation on guarantees and compensation for persons working on the rotational method in the Far North and similar areas.