TY - JOUR

T1 - Соблюдение религиозными работниками требований к внешнему виду и правил делового этикета, установленных работодателем

AU - Ногайлиева, Фатима Курмановна

N1 - Ногайлиева, Фатима К. 2023. «Соблюдение религиозными работниками требований к внешнему виду и правил делового этикета, установленных работодателем.» Ежегодник трудового права 13: 167–179. https://doi.org/10.21638/spbu32.2023.111

PY - 2023

Y1 - 2023

N2 - In Russia, labour disputes are increasingly arising over the fundamental admissibility of employees observing the norms of the religion they profess, ethical teachings and the possibilitiesfor obliging employers not to interfere with their observance by creating appropriate conditions for the use of labour. Law enforcement practice, in the absence of clear guidelines in thelegislation, “disguises” such disagreements as disputes about dismissal for violation of labourlaws, ignoring their true discriminatory nature. The article analyzes in detail one of the sections of the designated problem of reconciliation of labour and religion — the observance byreligious workers of the requirements for the appearance and rules of business etiquette at theemployer. Considering the problem, the author starts from the three main religious needs ofthe employee, which he seeks to satisfy in a controversial situation of contradiction betweenthe employer’s requirements and religious norms. Drawing extensively on materials from foreign practice and analyzing Russian legislation, the author comes to the following conclusions.The ability of an employee to satisfy a need such as the wearing of religious clothing, symbols,or other external manifestation of religious commitment will depend on what regulation isestablished by the employer in this regard. It also gives an assessment of the so-called policyof religious neutrality, established at the local level. As for the need for an employee to verbally express his religiosity and views, the employer has the right to prohibit such actions ifthey cause inconvenience to other employees or customers, threaten to lose customers, theimage of the employer, and also to prevent proselytism in the team of employees. Finally, anemployee for religious reasons may express a desire to refrain from participating in the employer’s corporate events: coercion by the employer to the contrary clearly constitutes indirectdiscrimination.

AB - In Russia, labour disputes are increasingly arising over the fundamental admissibility of employees observing the norms of the religion they profess, ethical teachings and the possibilitiesfor obliging employers not to interfere with their observance by creating appropriate conditions for the use of labour. Law enforcement practice, in the absence of clear guidelines in thelegislation, “disguises” such disagreements as disputes about dismissal for violation of labourlaws, ignoring their true discriminatory nature. The article analyzes in detail one of the sections of the designated problem of reconciliation of labour and religion — the observance byreligious workers of the requirements for the appearance and rules of business etiquette at theemployer. Considering the problem, the author starts from the three main religious needs ofthe employee, which he seeks to satisfy in a controversial situation of contradiction betweenthe employer’s requirements and religious norms. Drawing extensively on materials from foreign practice and analyzing Russian legislation, the author comes to the following conclusions.The ability of an employee to satisfy a need such as the wearing of religious clothing, symbols,or other external manifestation of religious commitment will depend on what regulation isestablished by the employer in this regard. It also gives an assessment of the so-called policyof religious neutrality, established at the local level. As for the need for an employee to verbally express his religiosity and views, the employer has the right to prohibit such actions ifthey cause inconvenience to other employees or customers, threaten to lose customers, theimage of the employer, and also to prevent proselytism in the team of employees. Finally, anemployee for religious reasons may express a desire to refrain from participating in the employer’s corporate events: coercion by the employer to the contrary clearly constitutes indirectdiscrimination.

KW - свобода вероисповедания

KW - свобода совести

KW - права работника

KW - религиозные нормы

KW - РЕЛИГИОЗНЫЙ РАБОТНИК

KW - религиозная одежда

KW - политика нейтральности

KW - религиозные запреты

KW - religious freedom

KW - freedom of conscience

KW - worker’s rights

KW - religious norms

KW - religious worker

KW - religious clothing

KW - neutrality policy

KW - religious prohibitions

M3 - статья

JO - Ежегодник трудового права

JF - Ежегодник трудового права

SN - 2218-9483

IS - 13

ER -