Annotation

The article is devoted to a comprehensive analysis of the draft federal law on the introduction of a temporary adaptive work regime (VART). The purpose of the study is to identify legal gaps and conflicts caused by the proposed design, and to develop scientifically based recommendations for its improvement, taking into account the norms of the Constitution of the Russian Federation, labor legislation, health protection legislation, and social insurance legislation. The study is based on a comprehensive legal analysis, which includes formal legal, comparative legal, multifactorial, and systemic methods. As a result of the study, it was found that the proposed version of the VART, which involves changing the content of the employment contract without changing the employee's work function during an illness that is not covered by a sick leave certificate, does not take into account the systemic changes to other provisions of the Labor Code of the Russian Federation. Secondly, it contradicts the basic principles of social insurance, which stipulate that. Secondly, it contradicts the basic principles of social insurance, in which a disease is an insurance risk, and the state, in accordance with the Constitution of the Russian Federation, has an unconditional obligation to provide social security, and temporary disability, as an insurance event, excludes the possibility of working. There is a lack of guarantees for the priority of receiving medical care over work duties, as well as gaps in the systematic coordination of the new law with regulatory legal acts in the fields of healthcare and social insurance. The paper substantiates the need for significant improvements to the project, as well as for the preparation of amendments related to ART in the Labor Code of the Russian Federation (sections on employment contracts, guarantees and compensations, and the specifics of regulating the work of remote employees), in the legislation on certain types of compulsory social insurance, as well as in the by-laws on temporary disability examination, the procedures for providing medical care, and the qualifications of medical workers. The authors' general conclusion is that it is necessary to test the revised model of VART in an experimental mode to ensure a balance between the constitutional rights of citizens to work, health care, and social insurance.