Negotiations for concluding an employment contract

Relevance. The negotiation relationship for the purpose of concluding an employment contract is the subject of labor law regulation, part of the employment relationship with a specific employer. The Labor Code (hereinafter referred to as the Labor Code of the Russian Federation) does not define the composition of these relations, and does not contain a chapter or article on this subject.

The purpose of this study is to develop proposals for improving the legal regulation of pre-contractual relations between a job seeker and an employer.

Objectives: to study the relationships that arise prior to the conclusion of an employment contract, identify the need for their legal regulation, analyze possible options for overcoming the existing gap in labor law, and formulate proposals for eliminating the deficiencies of labor legislation in the area under study.

Methodology. The research uses universal, general scientific, special and adapted methods of scientific and legal cognition. The dialectical method allowed to reveal the development and interrelation of the studied issues, the logical method provided the application of analysis, synthesis and other general scientific techniques. The systematic method helped to identify the structure of negotiations on the conclusion of an employment contract, and the formal legal method helped to identify the essence of legal concepts.

Results. The need for legal regulation of relations related to employment contract negotiations was established. It was determined that the rules for conducting negotiations should be defined by the Labor Code of the Russian Federation, as follows from Articles 1, 6, and 16 of the Labor Code of the Russian Federation. Options for such regulation are proposed.

Conclusions. The proposals contained in this paper, formulated as a result of the conducted research, will help fill the existing gap in the legal regulation of relations within the scope of labor law but not adequately regulated, establish procedures in relations preceding the conclusion of an employment contract, and ensure the realization of the rights and legitimate interests of persons participating in employment contract negotiations.

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