An Employee’s Preferential Right: Legal Nature and Implementation Problems

The article analyzes the legal nature of the employee’s preferential right, reveals its features. Based on concrete examples of judicial practice and examples of local regulation of labor relations, the author substantiates conclusions about the problems of implementing labor law norms due to different interpretations of such concepts as ‘qualification’, ‘labor productivity’, ‘preference’. In connection with the active introduction of elements of the national qualification system, conclusions are drawn about the need to change the approach to understanding the qualifications and labor qualities of an employee. Also, the paper analyzes the new legal structure ‘preferential right of employment to work in a previously held position’.