Implementation of the Employer’s Authority through the Lens of Law Enforcement Practice

The exercise of the employer’s authority is closely intertwined with the bearing of entrepreneurial risk. Crucially, the rule that an employee’s position should not be worsened prohibits transferring this risk to employees. However, realizing this rule is challenging when employers choose between alternative legal constructions, each compliant with the "letter" of the law, to mediate managerial decisions. This article aims to identify restrictions on employers’ use of legal constructions that contradict the goals, objectives, and principles of labor legislation. It analyzes court practices concerning the prohibition of shifting entrepreneurial risk to employees within the context of business platformization, the nonlinkage of urgency in relations with counterparts to employment relations, and the interplay between remuneration and labor discipline. Additionally, it examines the "competition" between alternative legal constructions for terminating employment contracts due to unsatisfactory test results or disciplinary breaches. The study concludes that there is a trend in law enforcement practice to evaluate the competition of legal constructs based on their purposes and procedural safeguards provided to employees. Thus, labor legislation and law enforcement practice establish boundaries for exercising employer authority. The findings can inform the implementation and application of labor law.