Annotation

The article is devoted to a comprehensive analysis of the problem of abuse of right by the parties to an employment contract when its terms are modified. The study is based on the systematization and analysis of recent case law from the cassation courts of general jurisdiction. The author identifies and classifies typical forms of abuse of right by the employer (in particular, substituting the staff redundancy procedure with a change in working conditions under Article 74 of the Russian Labor Code) and examines manifestations of bad faith conduct by employees (in particular, creating artificial conflict situations and evading their employment duties with the aim of obtaining unjustified financial benefits). Special attention is paid to distinguishing between the concepts of "abuse of right" and "violation" in the context of the analyzed case law. Based on the analysis, the author proposes an original classification of abuses according to the acting party (subject) and the nature of the actions.