What social relations constitute the subject of labor law?

Labor law is a branch of law that regulates labor relations between employees and employers.

Determining the subject of labor law is associated with the general theoretical problem of establishing criteria for the formation of a system of national law. Its essence, as is known, is that the legal norms that make up the law, despite their qualitative originality, are interconnected and form an integral system. Moreover, the nature of this connection is characterized by signs of unity and internal consistency.

The general theory of law identifies a number of system-forming factors that determine the consistency and internal unity of legal norms, which make it possible to classify them into certain groups, elements, and components of the system. These elements are defined as branches (sub-sectors) and institutions of law.

In legal science there is no unity of views regarding the principles of constructing a legal system, i.e. grounds for differentiation of legal norms into industries and institutions. However, at present, the dominant position is that the main criteria for such differentiation are the subject and method of legal regulation.

The subject of legal regulation refers to qualitatively homogeneous groups of social relations that are the object of regulation of legal norms. Consequently, in order to determine the subject of a particular branch of law, it is necessary to establish which circle of social relations is subject to legal regulation.

Each branch of law has its own subject of legal regulation. Objectively, the emerging diverse social relations have common characteristics, since they represent social connections to satisfy the various interests and needs of people and their groups that ensure the functioning of society. At the same time, they also have differences due to the content and nature of these social connections. Relatively isolated groups of social relations, with stable differences and homogeneous properties, form the subject of legal regulation of a certain branch of law.

To isolate the corresponding group of legal norms as a branch of law, another important system-forming factor is necessary - the method of legal regulation. The method of legal regulation is considered as a way of influencing the law on the participants in these social relations, determined by the nature of the corresponding group of social relations (the subject of legal regulation). Moreover, each major group of legal norms, in order to be recognized as a branch of law, must manifest itself by having its own method of legal regulation.

Hence, a branch of law can be defined as a set of objectively isolated interrelated legal norms that regulate, by a specific method, a wide range of social relations that have internal unity and qualitatively homogeneous properties.

Consequently, in order to accurately determine the range of legal norms that make up the corresponding branch of law, it is necessary to analyze the content of social relations regulated by these norms, establish their interrelation and signs of homogeneity, and also identify the specifics of the method of legal regulation.

The named scientific approaches also apply to defining the subject of the branch of labor law.

Determining the subject of labor law is a certain difficulty, since numerous social relations and any sphere of human activity are connected with difficulty. Meanwhile, only part of these relations relate to the subject of labor law, namely those that arise regarding the use of labor. Their subject is the labor process itself, its organization and conditions.

The scope of labor law does not include relations in which the process of labor activity itself acts as a means of fulfilling certain contractual obligations of a property or other nature - contractual relations of work, assignments, etc. These relations relate to the subject of civil law and differ significantly in the legal form of regulation. They do not regulate the procedure for organizing and carrying out labor activities to fulfill the contract, since the final result of the work is important here. They are not carried out on an ongoing basis and end with the deadline for fulfilling contractual obligations and achieving the goals of the agreement. Moreover, in the process of performing work, the employee himself organizes his work, ensures its safety, etc.

The subject of labor law answers the question of what this industry regulates, what types of social relations in labor, or more precisely, in what types of social relations in labor, people’s behavior is regulated by labor legislation. The social organization of labor depends on the economic and political basis of a given society. This basis also determines the relations of employees with employers regarding work in production, which are called labor relations. The subject of labor law is labor relations in the social organization of labor and other relations directly related to them, i.e., a complex of social relations regarding labor in production. This complex contains nine groups of social relations, among which labor relations are the leading and determining ones. All others are derivative, but directly related to them, the relations included in the subject of this industry occupy a subordinate position in comparison with labor ones. Labor relations are the main subject of labor law (hence the name of the field “Labor Law”). Nowadays, the new Labor Code has filled in many of the gaps of the 1971 Labor Code, which has gone into history, clearly defining in law the concepts of various categories of this branch of law, developed by the science of labor law, for almost all of its institutions, both the General and the Special parts of the industry.

Labor law vests parties to labor relations and directly related relations with certain labor rights and responsibilities. And in real life, all nine groups of social relations in labor, which are the subject of regulation by labor legislation, appear in the form of corresponding legal relations with their subjects (parties) and their content.

Labor law, as a rule, regulates relations regarding collective labor in the social organization of labor, where the labor function of each worker is a necessary component of this labor cooperation. And the employees of each given labor organization include everyone who has concluded an employment contract with the owner of its property, i.e., the employer, including officials of its administration, up to the individual or collegial manager.

The subject of labor law is the following nine social relations related to labor in production:

• 1) relations to promote employment and placement with a given employer; labor law employer employment
• 2) labor relations between the employee and the employer regarding the use and conditions of his work.

The main subject of labor relations is the work of an employee according to his labor function agreed upon with him, subject to subordination to the discipline of a given organization. Labor relations exist for all workers who personally perform work on a daily basis in the general labor process in a given production and are members of its work collective. These relations express the volitional part of industrial relations, since they arise and cease at the will of the employee and the employer.

The new Labor Code has Chapter 2 on labor relations. It gives not only the concept itself and the grounds for its occurrence, but also indicates the basic rights and obligations of the parties, which is the content of the labor relationship as an employment relationship already regulated by law. Therefore, here it is necessary to distinguish between the subject of law - the relationship and the relationship already regulated by law (i.e., legal relationship). Of course, in real life there is no labor relationship not regulated by law. It always acts as an employment relationship. In Art. 1 of the Labor Code lists 8 other relations directly related to labor, which are also subject to regulation by labor legislation;

• 3) relations regarding the organization of labor and labor management, participation in the management of the organization;
• 4) relations on social partnership, collective bargaining, concluding collective agreements and social partnership agreements;
• 5) relations on professional training, retraining and advanced training of employees directly with this employer;
• 6) relations of supervisory and control bodies (Ros. labor inspection, state specialized and trade union inspections, etc.) with the employer, production administration on issues of compliance with labor legislation and labor protection;
• 7) relations regarding the participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;
• 8) relations regarding the financial liability of the parties to the labor relationship for harm (damage) caused by the fault of one party to the other. These relations can be of two types, depending on which party caused the harm: a) for the financial liability of the employer for harm caused to the employee by a work injury or violation of his right to work, including for moral damage, and b) for the financial liability of the employee, causing damage to the employer's property. These relationships arise only among those workers who have caused damage or who have suffered harm. Most workers do not have them;
• 9) relations to resolve individual or collective labor disputes that arise only among some workers and certain work groups. When such a labor dispute arises, the other party to this relationship is the body resolving the dispute (labor dispute commission, court, etc.).

The leading of these relationships is the labor relationship between the employee and the employer (enterprise, organization). The remaining eight either precede labor disputes (to ensure employment) or always accompany them, and some may follow (for example, labor disputes regarding dismissal). By their nature, the relations specified in clauses 3, 4, 5 are organizational and managerial, they always accompany labor relations, and those specified in clauses 6, 8, 9 are protective, aimed at ensuring compliance with labor legislation, labor protection and responsibility for their violation. The Labor Code defines them as directly related to labor relations.

All relations of the subject of labor law arise among peak workers in connection with their labor relations, and therefore we say that the subject of labor law is the labor relations of production workers and the other eight are directly related social relations.

Relations regarding state social insurance were previously included in the subject of the branch of labor law. Nowadays they are singled out as the subject of an independent new branch of law - social security law.

The subject of the branch of labor law as a system of relations regulated by the norms of labor law (the nine social relations listed above regarding the work of an employee in production) must be distinguished from the subject of the science of labor law, a training course. Their subject is the study of the very norms of labor legislation, not only Russian, but also international, as well as their history and teachings about legal relations in the sphere of labor law.

The result of labor is passed on from generation to generation, progress in science occurs, and new technologies are regularly discovered.

Thanks to labor, society does not stand still, but develops; it was he who determined the name of the legal branch - labor law; it has become independent since 1918.

general information

According to this law, homogeneous norms in their totality regulate relationships that begin and develop further, and they are connected with human labor.

This law establishes the regime of human labor, the rules established to protect human labor, and the consideration of disputes in connection with the implementation of work activities.

Those. the law regulates relations in society related to the work of people in production.

Each branch of law has your subject. In this case, they are relations associated with human labor, which appear when a person works in production, as well as social relations that are interconnected with basic labor ones. They connect participants during the work process. The law is regulated RF Labor Code.

The main working relationship itself (labor) arises when an employee enters into an agreement with his employer.

Types of relationships

The legal industry speaks for itself, i.e. has a direct relationship with people to human labor.

Basic relations and derivative social relations constitute the legal subject. Derived relations:

All groups of relations in the subject are indicated in the Labor Code, however, not every relationship, even if related to human labor, can be regulated by law.

For example, if a person works in his garden, cleans the house, does laundry, a student studies at school or serves in the army. All this will only be useful work; labor relations do not arise here, therefore the norms of the law do not apply here.

The law regulates only those relations that arise in the work itself related to production. People working together must be well organized, controlled and managed by someone.

A labor organization can be public or technical:

1. Technical– here the worker uses all work tools, machinery, equipment, and materials. Man is interconnected with nature, influences it and uses it for his work purposes. The law does not apply here, only technical instructions and rules. The technical organization of labor is nothing more than the organization of equipment management and production.
2. Social– people are interconnected during their joint work in production. The rules of law regulate relations related to the ownership of the product of labor that is ultimately obtained.

Both sides interconnected with each other and have mutual influence. The social side of labor organization is intertwined with the foundations of society (economic and political).

Labor relations- this is the relationship between performers and production managers during the work process.

What is included in the subject of labor law

The subject of labor law is relations related to human labor in any production. They are public (9 groups in total).

Labor Relations– basic, the main ones among them. All the rest are derivatives and cannot exist separately from the main ones; they are also included in the subject.

These relationships arise on a voluntary basis by agreement between people(the employee and the person offering the job).

The employee agrees to work, to comply with all the rules and conditions of work, daily routine, etc., and the employer must properly pay for the work and provide normal conditions so that people can work comfortably.

These conditions are specified in the Law, contract, agreement. They arise after the contract is signed.

Subject of regulation

The norms of a legal branch in their combination create a separate legal system, or rather a part of it, which in turn regulates homogeneous relations of a social type.

Any legal branch has its own group of relations (types) that it is designed to regulate.

Labor law is closely related to human labor, which is paid. Each industry has a legal subject of regulation, which is in the nature of law. It defines the types of labor relations that are regulated by legal norms.

Here the social process itself is a subject that must be regulated from the legal side. If the relationship is legal, then all participants have rights and obligations, and must strictly observe them.

So, subject of regulation– there is a social side related to work, associated with its organization, the types of relationships in society that people have while working in any production.

Types of labor relations

The subject of labor law is the types of relations. The main group includes:

• main place of work;
• combination with another place of work;
• work that is temporary (up to 2 months);
• seasonal work;
• work for an individual entrepreneur;
• work done at home;
• work in the civil service;
• the work of persons involved in sports or working in Russian missions abroad.

The concept and subject of labor law includes derivative relations from labor relations; there are 9 groups of them. They can be the predecessors of labor, accompany them, or follow them; their existence is impossible without the basic ones.

There are several types of relations in law:

• those involved in the organization and management of labor act as auxiliaries;
• those aimed at protecting and enforcing the law.

Derived type relationship groups:

On getting a job - The law regulates employment through a service that helps find work (employment).

The relationship between this service and the person offering the job to provide vacancies is regulated between the service and people who want to get a job, as well as the relationship between people and their managers, while people are directed by this service.

For professional training, increasing the level of knowledge and professionalism - training, mastering a new profession.

The relationship between the person studying and the person offering a job, they appear during training, taking exams, working in a new place.

For social partnerships, negotiations, signing agreements or treaties - here relations are regulated by law after signing a contract or agreement.

Social partnership is a relationship that arises between representatives of the person performing the labor function and the person offering the job.

On the participation of workers and trade union bodies during the determination of working conditions– the relationship between the two sides of production in organizing good conditions so that people can work.

On the management activities of labor, its organization - The employer himself is responsible for organizing the work of his subordinates and hiring them, while he is obliged to comply with the Law; the rights of workers must not be violated.

Upon the occurrence of material liability on any of the parties - the party who causes harm during his work will be legally found guilty and will be punished by liability.

Control and supervision to ensure that the law is strictly followed - This is done by government agencies (labor inspectorate, prosecutor's office, Rospotrebnadzor, Rostechnadzor).

For the resolution of disputes arising during the work process– they can appear on either side and are associated with difficulty. (individual and collective type of dispute).

For social insurance- must be done when a person gets a job.

Thus, they regulate labor relations that arise in the process of implementation. It specifies all the rights and obligations of the parties, penalties in the form of liability if anyone violates them.

And the subject of Russian labor law is labor relations and derivatives from them that appear among people during the direct work process.

Labor relations are the most important in law and its subject, and derivatives are already based on them, there are 9 groups of them.

Labor law: concept, subject, method and functions

According to the general theory of law, the independence of a branch of law is determined by the presence of a special subject, method and principles of legal regulation.

Labor law is a branch of law that regulates relations between people in the world of work. It is one of the most important and leading branches of law, which was formed from civil law.

Subject of labor law defined in Art. 1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). These are social relations:

1) an employee with an employer (legal entity or individual), based on an employment contract;

2) on labor organization and labor management;

2) ensuring employment and employment with this employer;

3) professional training, retraining and advanced training of workers directly from this employer;

4) Social partnership, collective bargaining, conclusion of collective contracts and agreements;

5) participation of workers and trade unions in ensuring working conditions and applying labor legislation in cases provided for by law;

6) material liability of employers and employees in the field of labor;

7) supervision and control (including trade union control) over compliance with labor legislation, including legislation on labor protection, and other regulatory legal acts containing labor law standards;

8) resolution of individual and collective labor disputes;

10) compulsory social insurance in cases provided for by federal laws.

In the science of labor law and art. 15 Labor Code of the Russian Federation labor relations are defined as relationships based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications, the specific type of work assigned to the employee), the employee’s subordination to the internal labor regulations when provision by the employer of working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts.

Main features of labor relations:

They arise between two parties: the employee and the employer;

The basis of the employment relationship is most often an employment contract. In some cases, they arise in other forms (admission, court decision, appointment, etc.);

In terms of labor, an employee performs a certain labor function through personal labor in a certain specialty, position, qualification;

The employee is subject to internal labor regulations, and the employer ensures proper working conditions. Labor law regulates the labor process within any organization of various legal forms and forms of ownership. Compliance with its standards by the employer guarantees pension insurance and health insurance.

The subject of labor law includes relations that are not directly related to labor. They may precede them (employment relations); accompany (relations on labor organization and labor management, social partnership, professional training of workers at a given employer), and also follow labor (relations on labor disputes about dismissal). In the science of labor law, such types of relations in the sphere of labor are distinguished as organizational and managerial (they always accompany labor relations) and protective (aimed at ensuring compliance with labor legislation). Individual labor activity does not give rise to labor relations, since in this case there is no second party (the first sign of labor relations). Moreover, don't regulated by labor law norms economicallySkye and the technical side of labor, with some exceptions (for example, labor legislation regulates the consumption of raw materials, etc.).

Labor law method is intended to reflect the order in which labor relations arise, their changes and terminations, the general legal status of the participants, methods of regulating labor relations, methods of protecting labor rights, etc. In accordance with these requirements, the following can be distinguished: Features of the labor law method:

Equality of the parties in the contractual nature of the emergence of labor relations;

Subordination of workers in the labor process to the employer;

Participation of employees in the management of the organization (Articles 52, 53 TKRF);

Centralized and local regulation of relations in the sphere of labor: centralized regulation is carried out with the help of regulations, local - with the help of regulations of the organization (Article 8 of the Labor Code of the Russian Federation);

A combination of normative (Articles 5, 8 of the Labor Code of the Russian Federation) and contractual (Article 9 of the Labor Code of the Russian Federation) regulation of relations in the sphere of labor;

Specific ways to protect labor rights and ensure responsibilities.

From these signs it follows that legal methods of labor regulation. One way of regulation is combination of centralized and local, normative and contractual regulation. In modern conditions, there is an increase in contractual (collective-contractual, individual-contractual) and local (local) methods. Centralized regulatory control designed to establish a minimum level of guarantees of labor rights (working hours, minimum wage (hereinafter referred to as the minimum wage), the rate of the first category of the unified wage scale for public sector workers). At the same time, these two methods of regulation are inseparable from each other! Thus, the minimum level of guarantees of workers’ labor rights cannot be reduced through contractual regulation. Labor discipline and labor protection are legal institutions in which preference is given to centralized regulation.

According to Part 4 of Art. 8 of the Labor Code of the Russian Federation, local regulations that worsen the situation of workers in comparison with labor legislation are invalid. Thanks to this, a minimum of rights is guaranteed and the fulfillment of obligations of participants in labor relations is ensured.

In the context of the transition to a market economy, the importance of contractual regulation of relations in the sphere of labor has increased, but the state still cannot absolutely not interfere in this process. Such intervention occurs by setting regulatory limits. Article 9 of the Labor Code of the Russian Federation “Regulation of labor relations and other directly related relations in a contractual manner” states that this regulation is carried out by concluding, amending, supplementing collective agreements, agreements, and employment contracts by employees and employers. The latter should not contain conditions that limit the rights and reduce the level of guarantees of workers established by federal legislation (the principle of the inadmissibility of worsening the situation of workers in comparison with a normative act of greater legal force).

The next legal way to regulate labor is equality of the parties to labor relations with subordination in the labor process to internal labor regulations is given no organization. In labor law, the position of the subjects of the labor relationship is twofold. In particular, it combines the equality of the parties at the time of concluding an employment contract with a sign of authority - subordination in the process of carrying out labor activities.

Another way to regulate labor is lesson the role of workers through their representatives or trade unions in the legal regulation of labor, namely, their participation in the establishment and application of labor legislation, monitoring their compliance, and protecting labor rights. In accordance with Art. 371 of the Labor Code of the Russian Federation, the employer makes decisions taking into account the opinion of the relevant trade union body in cases provided for by labor legislation. In particular, the employer has the right, taking into account the opinion of the trade union, to introduce a part-time working regime for up to six months. The employer coordinates its opinion with the opinion of the trade union when engaging in overtime work (Article 99 of the Labor Code of the Russian Federation); to work on weekends and non-working holidays (Article 113 of the Labor Code of the Russian Federation); when establishing various incentive payments (Article 144 of the Labor Code of the Russian Federation). Internal labor regulations are also approved taking into account the opinion of the trade union (Article 190 of the Labor Code of the Russian Federation). If the employer does not comply with this requirement, then the acts adopted by him are invalid.

A specific method of protecting labor rights can also be considered as a method of legal regulation of relations. In the Labor Code of the Russian Federation, labor dispute commissions are designated as bodies considering individual labor disputes (Article 382 of the Labor Code of the Russian Federation), a conciliation commission acts as a parity body, and labor arbitration or a mediator acts as an arbitration body (Article 401 of the Labor Code of the Russian Federation) . In cases where conciliation procedures have failed, workers can exercise their right to strike.

Article 352 of the Labor Code of the Russian Federation indicates the following protection methods labor rights of workers:

State supervision and control over compliance with labor legislation; protection of labor rights of workers by trade unions;

Self-defense of labor rights by employees, judicial protection.

Article 1 of the Labor Code of the Russian Federation defines the main goals and objectives of labor law and establishes its independence as a branch of law. Labor law performs three main functions: protective, industrial and social partnerships. Protective fun ction manifests itself in protecting the interests of workers, production natural - protecting the interests of the employer. Social function th partnership is expressed in the coordination of the interests of workers and employers with the assistance of the state. In general, each function represents a direction of legal regulation in the sphere of labor, affects participants in relations in the sphere of labor and is enshrined in legal norms.

1.2. Labor law system

The labor law system can be divided into two parts: general and special.

a common part contains norms that apply to all social relations: through them, the principles and tasks of legal regulation, basic labor rights and responsibilities of workers are determined, powers are delineated between federal government bodies and government bodies of the constituent entities of the Russian Federation.

Special part structured by institutions as a set of homogeneous groups of legal norms, namely:

Employment (combines norms governing relations related to citizens’ search for suitable work). This institute opens up a special part of the industry;

Employment contract (rules on the concept, types of employment contract, hiring procedure, transfers, dismissals are grouped here). The Institute of Labor Contract is the central institution of the industry;

Working time, rest time;

Remuneration, guarantee, compensation payments;

Labor discipline;

Material liability of the parties to the employment contract;

Occupational Safety and Health.

Accordingly, to the institutions regulating relations, closely related to labor include:

Institute of Professional Training and Advanced Training in Manufacturing;

Institute for Labor Disputes;

Institute for supervision (control) of compliance with labor legislation.

In accordance with this division of norms, the Labor Code of the Russian Federation was built, although there are some deviations. Thus, the norms regulating the work of women and minors are separated into separate chapters (Chapters 41.42 of the Labor Code of the Russian Federation), but by themselves they cannot act as independent institutions, since for their application it is necessary to take into account a number of general norms.

In the legal literature, there is an opinion that in a special part of labor law in market conditions, two main blocks of norms should be distinguished:

1) norms that establish state standards for the legal regulation of hired labor;

2) contractual norms (contractual labor law).

The labor law system is dynamic, it changes and improves with the development of society and labor relations. This is evidenced by the formation of new institutions: employment, social partnership.

The concepts of the system of the branch of labor law, the system of labor legislation and the system of science, including the educational course, should not be identified. Labor law system is a systematized set of legal norms and institutions, and labor legislation - this is an external form of law, acting as a single set of normative legal acts and serving as a source of labor law. The subject and purpose of the training course is to study the norms of labor law, labor relations, and their development. The subject of science is not limited to labor legislation, since science studies not only Russian, but also foreign labor law, international legal regulation of labor. Science develops a system of views, conclusions and ideas on the problems of legal regulation of social relations in the sphere of labor, which are subsequently taken into account in rule-making.

2 BASIC PRINCIPLES OF RUSSIAN LABOR LAW.

2.1. Concept of labor law principles

Principles of labor law- these are the fundamental guiding principles that express the essence of labor law norms and the main directions of state policy in the field of legal regulation of social relations related to the functioning of the labor market, the use and organization of hired labor. They are enshrined in Art. 2 Labor Code of the Russian Federation.

Based on their scope, the principles are divided into:

On general legal ones, which form the basis of the legal system as a whole. These include the principles of humanism, equality, social justice, etc.;

Intersectoral, which are common to several branches of law, including the principles of freedom of contract, protection of property, ensuring the restoration of violated rights, and their judicial protection;

Sectoral, expressing the general properties of the norms of a particular branch of law and manifested in individual institutions and norms;

Individual industry institutes.

For example, the institution of social partnership is characterized by the presence of such principles as equality of the parties, respect and consideration of the interests of the parties, and other principles enshrined in the provisions of Art. 24 Labor Code of the Russian Federation.

The principles of legal regulation of labor are regulated by international legal norms, in particular the Universal Declaration of Rights and Freedoms of Man and Citizen (adopted and proclaimed by resolution 217 A (III) UN General Assembly of December 10, 1948) and the International Covenant on Economic, Social and Cultural Rights (adopted by General Assembly resolution 2200 A (XXI) UN dated December 16, 1966).

2.2. General characteristics of the principles of labor law

Article 2 of the Labor Code of the Russian Federation establishes 19 principles of labor law:

1) freedom of labor, including the right to work;

3) protection from unemployment and assistance in finding employment;

4) ensuring the right of every employee to fair working conditions, including working conditions that meet safety and hygiene requirements, the right to rest, including limitation of working hours, provision of daily rest, days off and non-working holidays, paid annual leave;

5) equality of rights and opportunities for workers;

6) ensuring the right of every employee to timely and full payment of fair wages, ensuring a decent existence for the worker himself and his family, and not lower than the minimum wage;

7) ensuring equality of opportunity for workers, without any discrimination, for promotion at work, taking into account labor productivity, qualifications and length of service in their specialty, as well as for professional training, retraining and advanced training;

8) ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to create and join trade unions;

9) ensuring the right of employees to participate in the management of the organization;

10) social partnership, including the right to participation of workers, employers, and their associations in the contractual regulation of labor relations and other relations directly related to them;

11) the obligation to compensate for damage caused to an employee in connection with the performance of his labor duties;

12) ensuring the right to compulsory social insurance of employees;

13) a combination of state and contractual regulation of labor relations;

14) ensuring everyone’s right to protection by the state of their labor rights and freedoms, including judicial protection;

15) establishment of state guarantees to ensure the rights of workers and employers, implementation of state supervision and control over their compliance;

16) ensuring the right to resolve individual and collective labor disputes, as well as the right to strike;

17) ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation and other acts containing labor law norms;

18) ensuring the right of workers to protect their dignity during their working life;

19) the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the employer’s right to demand that employees perform their labor duties and take care of the employer’s property and the right of employees to demand from the employer compliance with its obligations towards employees, labor legislation and other acts containing labor standards rights.

Each principle is implemented through other norms of the Labor Code of the Russian Federation, so violation of norms leads to violation of principles. At the same time, the principles predetermine the content of future legal norms governing labor relations.

3. SOURCES OF LABOR LAW

3.1. Sources of labor law: concept and types

In the actual legal sense under sources of lawIt is customary to understand forms of consolidation (external expression)legal norms. With the help of sources, objective law acquires its integral features and characteristics: generally known, generally binding, etc.

The Labor Code of the Russian Federation speaks of two ways to regulate relations in the sphere of labor: normative (Art. 5, 8 Labor Code of the Russian Federation) and contractual (Article 2 of the Labor Code of the Russian Federation). Regulatory regulation is carried out using legal norms, in particular laws and other normative legal acts (the Constitution of the Russian Federation, federal laws, decrees of the Government of the Russian Federation, acts of state authorities, local government, etc.). Contractual regulation is carried out through collective agreements between employees and the employer, as well as through employment contracts concluded with an individual employee.

An integral part of the system of sources of labor law of our state are also local regulatory acts containing labor law norms. The employer adopts such acts within the established competence in accordance with laws and other regulatory legal acts, collective agreements, and agreements. In the modern science of labor law, the main attention is paid to the analysis of federal regulations. However, do not underestimate the importance of local regulations. They are recognized as having the function of specifying federal labor law standards.

Constitution of the Russian Federation has supreme legal force and direct effect, and therefore is recognized as a source of law in all sectors. The courts have the right to refuse to apply the law, citing its inconsistency with the Constitution of the Russian Federation, and give preference to the latter as an act of direct action. As for the norms of labor law, Art. 37 of the Constitution of the Russian Federation enshrines fundamental rights in the sphere of labor, including the principles of freedom of labor, the prohibition of forced labor, the right to work in conditions that meet safety and hygiene requirements, the right to labor disputes, including the right to strike. In addition, the Constitution of the Russian Federation establishes a provision according to which labor legislation is under the joint jurisdiction of the Russian Federation and its constituent entities (Article 72).

Specifying the provisions of Art. 72 of the Constitution, the Labor Code of the Russian Federation devotes a separate article to the issues of delimitation of powers between federal government bodies and government bodies of the constituent entities of the Russian Federation in the field of labor relations (Article 6). It is stated here that laws and regulatory legal acts of the constituent entities of the Russian Federation containing labor law norms should not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and regulatory legal acts of federal executive authorities.

Labor Code of the Russian Federation entered into force on February 1, 2002. It is the fourth codified source of labor law. The first Labor Code (LLC) was adopted in December 1918. Thanks to it, an independent branch of labor law was formed. It for the first time proclaimed the right of citizens of the RSFSR to work. However, the first Russian Labor Code contained norms that seriously limited the labor rights of citizens. In particular, this concerned labor conscription, which, with some exceptions, was established for all citizens of the RSFSR. On October 30, 1922, the second Russian Labor Code was adopted, which played a major role in the development of labor law in the republics of the former USSR. At this stage, labor conscription was established only in exceptional cases, and the employment contract came first. In 1971, the RSFSR adopted the third Labor Code, which established the further development of the right of Soviet citizens to work. Despite the changes and additions made to the Labor Code, during the transition to market relations it did not regulate many issues. It remained unclear what to do in case of delayed wages, whether payment in kind was legal, there was no concept of an irregular working day, and the relationship between the employee and the employer - an individual - was not regulated. The adoption of the Labor Code of the Russian Federation in December 2001 was a serious step in the formation of the legal framework of the social and labor sphere at the present stage.

The Constitution of the Russian Federation and the Labor Code of the Russian Federation establish a rule according to which generally recognized norms and principles of international law act as an integral part of national legislation. Therefore, do not forget about priority of international law. International labor standards are the main result of international legal regulation of labor. The basic norms in this area of ​​public relations are enshrined in acts of the UN, ILO, and state agreements.

In the science of labor law, there is no consensus on the nature, essence and significance of international treaties and conventions of the ILO. Most scientists believe conILO Venice And international treaties sources of Russian labor law. This position is justified by the fact that they are mandatory for use in the practice of national lawmaking and law enforcement. However, some researchers, while recognizing that the ILO conventions are important for Russian legislation, argue that in the literal sense they are not sources of law, since national legislation does not reproduce their content.

Acting as sources of labor law, ILO conventions establish a rule according to which, when considering a labor dispute in court, workers can rely on them to protect their rights. In this case, the court is obliged to take them into account.

Resolutions of the Plenum of the Supreme Court of the Russian Federation generalize the law enforcement practice of the courts, give an interpretation of specific rules of law, which makes it possible to determine how to uniformly and correctly apply the norms of labor legislation. Resolutions of the Plenum of the Supreme Court make it possible to fill existing gaps and eliminate ambiguities in labor legislation.

Constitutional Court of the Russian Federation it is also necessary to resolve issues related to labor law norms, in particular to establish their constitutionality or unconstitutionality. In the event that the Constitutional Court of the Russian Federation comes to the conclusion that the law is imperfect, it, as a legislative initiative, has the right to apply to the State Duma of the Russian Federation with a proposal to introduce amendments or additions to the law.

3.2. Effect of labor regulations for certain categories of workers.

In the structure of the Labor Code of the Russian Federation, there is a certain division of norms into those that apply to all workers, and those that are typical only for certain categories (Section XII). In this regard, science began to distinguish two groups of labor standards:

1) are common, applicable to all employees;

2) special, which apply only to certain categories of workers (women, minors, public sector workers, persons engaged in heavy and hazardous work, temporary and seasonal workers, etc.).

Thus, the legislator consolidates the effect of labor legislation by circle of people . Thus, as a general rule, regulatory legal acts containing labor law standards apply to all employees - persons who have entered into an employment contract. However, there are some exceptions due to objective reasons. In some cases, the norms of the Labor Code of the Russian Federation also apply to persons who are not yet in an employment relationship. (for example, Article 64, 381 of the Labor Code of the Russian Federation). In addition, the effect of Russian regulatory legal acts on labor extends to labor relations of foreign citizens, stateless persons, organizations created or established by them or with their participation, employees of international organizations and foreign legal entities, unless otherwise provided by federal law or an international treaty of the Russian Federation . These categories of workers and employers enjoy the same rights and bear the same responsibilities that are established for all workers and employers (Articles 21, 22 of the Labor Code of the Russian Federation).

In Art. 11 of the Labor Code of the Russian Federation identifies certain categories of persons who are not subject to the Labor Code of the Russian Federation and other regulatory legal acts containing labor law norms, unless they simultaneously act as employers or their representatives. Among them, the legislator includes:

Military personnel performing military service duties;

Members of boards of directors (supervisory boards) of organizations (except for persons who have entered into an employment contract with this organization);

Persons working under civil contracts;

Other persons, if established by federal law.

Labor laws do not apply to employees of the Federal Security Service. Relations related to the civil service are subject to regulatory legal acts containing labor law norms only to the extent not regulated by the Federal Law “On the State Civil Service of the Russian Federation.” The regulation of the labor of prisoners is carried out in accordance with the Criminal Executive Code of the Russian Federation (hereinafter referred to as the Penal Code of the Russian Federation), which specifies constitutional norms taking into account their special legal status (for example, the Penal Code of the Russian Federation enshrines the principle of compulsory labor for convicts).

Labor law - one of the important branches of law that regulates labor relations between employees and employers, as well as other relations directly related to labor.

Work- this is the purposeful activity of a person, the implementation of his physical and mental abilities to obtain certain material or spiritual benefits (creating the material basis of society).

Comment

However, not every work is related to labor activity and labor law standards. Thus, work on a personal garden plot, the work of a housewife in cleaning her own apartment, doing laundry, preparing food for herself and her family, the work of a student in mastering knowledge - all this is socially useful work. But it is not regulated by labor law.

Labor can be individual and in social labor cooperation.

Social organization of labor- this is joint labor as the cooperation of labor to obtain a certain product of a given production, including spiritual (orchestral music, theater, etc.), management activities or the provision of certain public services (medicine, education, etc.). ). The social organization of labor in any society has two sides:

1. technical;
2. social.

Labor law does not regulate the technical side (technological processes, operation of equipment, machines) - technical rules apply here, which may be the same in different countries.

Labor law- this is a set of norms regulating public (social) relations on labor in production, on the social (social) organization of labor in all its diversity, on the protection of labor rights and legitimate interests of individuals and legal entities, and specific legal relations in these areas.

Subject of labor law

The system of social and labor relations includes a wide range of relations, but the framework of this system is precisely labor relations associated with the use of hired labor.

An individual entrepreneur (without hired workers), being the owner of the means of production and at the same time possessing a labor force that he controls, works independently, individually. There is no place for labor relations, there is no joint (collective) labor process.

Labor Relations - relationships based on agreement between employee and employer on personal performance by an employee of a labor function for pay(work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee’s subordination to the internal labor regulations while the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, employment contract (Article 15 of the Labor Code of the Russian Federation).

Psubject of labor law are not all relations associated with labor, but only social-labor relations that arise in connection with the direct activities of people in the labor process, the performance of work. Being associated with the use of hired labor, they arise between employees and employers (in some cases, representatives of employees and employers, as well as the state represented by its authorities, may take part in these relations).

The subject of labor law includes:

1) actual labor relations;

2) others closely related to them and social relations derived from them (Article 1 of the Labor Code of the Russian Federation):

• • on labor organization and labor management;
  • for employment with this employer;
  • for professional training, retraining and advanced training of workers directly from this employer;
  • on social partnership, collective bargaining, concluding collective agreements and agreements;
  • on the participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;
  • on the material liability of employers and employees in the field of labor;
  • on state control (supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law standards;
  • on resolving labor disputes;
  • for compulsory social insurance in cases provided for by federal laws.

These relations have both common features and essential features that are characteristic only of them and distinguish them from other relations, one way or another connected with the use of the labor of hired workers.

Difference between the subject matter of the branch of labor law(as a system of relations regulated by the norms of labor law), from the subject of the science of labor law and the training course: their subject is the study of the norms of labor legislation themselves, not only Russian, but also international, as well as their history and teachings about legal relations in the sphere of labor law.

Labor law method

If the subject of labor law indicates the type, type of social relations that are regulated by labor law, then The labor law method shows how and by what legal techniques and means labor relations are regulated.

Labor law method - a set of techniques and methods used by the legislator for the most effective regulation of labor relations and relations derived from them.

The method of each branch of law has its own characteristics, i.e. a unique set of methods for legal regulation of labor. The specificity of the labor law method distinguishes this branch from other branches of law.

More details

Based on the general theory of law, the method of legal regulation of labor relations is expressed in the following features:

1. 1. in the originality of the grounds for the emergence, change and termination of labor relations;
   2. in the legally general position of participants in labor relations;
   3. in the nature of the establishment of rights and obligations;
   4. in methods of protecting rights and means of ensuring obligations by parties to labor relations.

The first sign of the labor law method manifests itself in the contractual emergence of labor relations, including in cases and procedures established by legislation or other regulatory acts containing labor law norms, or the charter (regulations) of the organization: election to a position; election by competition; court decision on concluding an employment contract, etc.

The second feature of the labor law method is manifested in the particularity of the general legal position of the subjects of labor relations - their equality when concluding an employment contract; in the subordination of employees in the process of performing their labor functions to the internal labor regulations, on the one hand, and on the other, in the provision by the employer of working conditions provided for by labor legislation, or other legal collective agreement, agreement, employment contract.

The third feature of the labor law method characterized by a combination of centralized (general and sectoral) regulation of labor relations with local regulation with the participation of work collectives and trade unions in this process. Centralized regulation of labor relations is expressed in the publication by the state of legislative acts and other legal norms in the field of labor. Among local regulations on labor, the most important place is occupied by the collective agreement and various agreements.

The fourth feature of the labor law method associated with the specifics of protecting labor rights and ensuring the fulfillment of duties. If an employee’s labor rights are violated by the employer, the issue of their restoration is resolved by a special body (labor dispute commission), with the participation of trade unions, or in court. Proper performance of labor duties by employees is ensured by means specific to labor law - measures of disciplinary and financial liability.

To these general features of the labor law method, we can add two more features of the method, reflecting the specifics of labor law:

1. participation of workers through their representatives, trade unions, work collectives in the legal regulation of labor (in the establishment and application of labor law standards), monitoring compliance with labor legislation;
2. unity and differentiation (difference) of legal regulation of labor.

Unity is expressed in common for all productions throughout the country, enshrined in Art. 2 of the Labor Code, the principles of legal regulation of labor and basic labor rights common to all workers and is reflected in the general norms of labor legislation (a general norm means that it applies to all workers).

Differentiation of legal regulation of labor (i.e. difference) is expressed in special rules applicable only to certain workers, and is carried out by the legislator, who takes into account its grounds in the legal norms. Such grounds for differentiation that create special norms (benefits, restrictions) are the following:

• • harmfulness and severity of working conditions;
  • climatic conditions of the Far North and similar places;
  • subjective grounds: physiological characteristics of the female body (its reproductive function and maternal role), as well as the social role of a single mother (single father), persons with family responsibilities, psychophysiological characteristics of a fragile organism and the character of a teenager, limited ability to work of disabled people;
  • specifics of short-term employment of temporary and seasonal workers;
  • the peculiarity of the labor connection of members of production cooperatives, members of the collegial executive body of a legal entity;
  • characteristics of labor in a given industry (industry differentiation), the combination of labor and training;
  • the specifics of the content of labor and the responsible nature of the work of civil servants, judges, prosecutors, the specifics and responsibility of the work of workers in the transport industries, the importance and role of labor in the management of production by the heads of organizations.

Special norms of differentiation of labor law - labor benefits (most of them), norms of adaptation (in sectoral differentiation) and norms of exception (according to the specifics of labor relations) - allow, taking into account the specified grounds for all workers, equally with others, to exercise their basic labor rights and responsibilities.

When considering the question of the method of labor law, it should be borne in mind that there are two main methods of legal regulation of social relations:

1. 1. public law (imperative);
   2. private law (dispositive - conclusion of civil contracts).

If citizens of Russia exercise their constitutional right to work as employees by concluding an employment contract, then a combination of methods is possible (and most often occurs).

Since labor relations cover three elements: property, management and security, the characteristics of each of these elements have an impact on the method of labor law. As a result, it has a different impact on different institutions of a given branch of law. The subject attribute of labor law, which has a very specific specificity, leaves a peculiar imprint on its method.

Features of the method of legal regulation of labor relations (labor law method):

• • a combination of centralized and decentralized (primarily local) regulation;
  • a combination of unity and differentiation of legal regulation, characterized by the presence of both general norms and norms that take into account the characteristics of the labor of various categories of workers (according to objective or subjective criteria);
  • a contractual method of establishing and changing labor relations (with the exception of those parameters that are established centrally);
  • social partnership (fairly broad participation of employee representatives in regulating many aspects of labor relations);
  • the specifics of protecting the labor rights of participants in labor relations, which is reflected in the mechanism for supervision and control over compliance with labor and labor protection legislation, as well as in the mechanism for resolving labor disputes.

Labor law system

The system of a branch of law is its internal structure, which ensures the best arrangement of legal norms for a clear and correct understanding. In it, norms are classified according to the subject of the industry into homogeneous groups (institutions, sub-institutions) and are consistently arranged according to the dynamics of the emergence and development of the labor relationship.

Labor law is a set of interrelated legal norms that make up a certain integral system, which is determined by the entire complex of social relations regulated by this branch of law.

TO labor relations The following legal institutions include:

• 1. employment contract;
  2. working hours;
  3. rest time;
  4. wages and labor standards;
  5. guarantees and compensations;
  6. labor protection;
  7. Institute of peculiarities of labor regulation of certain categories of workers.

Other relations directly related to labor, constitute the following legal institutions:

• • employment and employment with a specific employer;
  • labor regulations and labor discipline;
  • professional training and advanced training directly from the employer;
  • material liability of the parties to the employment contract;
  • protection of workers' labor rights.

System of the branch of labor law is divided into parts:

1. 1. General (Labor Code of the Russian Federation);
   2. Special (Labor Code of the Russian Federation);
   3. Special (international treaties, etc.).

General part of labor law includes legal norms defining:

• • subject and method of labor law;
  • goals and objectives of legal regulation;
  • principles of legal regulation of labor relations;
  • legal status of workers as subjects of labor law;
  • sources of labor law;
  • social partnership in the sphere of labor;
  • general provisions relating to all legal institutions of labor law.

TO Special part of labor law include norms regulating labor relations and other relations directly related to them.

The labor law system, its General and Special parts, is enshrined in various forms, and above all, in the Labor Code of the Russian Federation.

Special part of the labor law system includes principles and norms of international law and international treaties ratified by the Russian Federation. International treaties, according to Part 4 of Art. 15 of the Constitution of the Russian Federation should be considered as priority over internal labor legislation in the field of labor relations.

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Subject of labor law- these are social relations regulated by its norms. Labor law regulates a complex of social relations:

• 1) labor relations arising between the employer and employee in connection with the conclusion of an employment contract;
• 2) relations directly related to labor. The current version of the Labor Code of the Russian Federation identifies nine types of such relations; this is the relationship:
  • – on labor organization and labor management;
  • – employment with this employer;
  • – training and additional professional education of workers directly from this employer;
  • – social partnership, collective bargaining, conclusion of collective agreements and agreements;
  • – participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;
  • – material liability of employers and employees in the field of labor;
  • – state control (supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law standards;
  • – resolution of labor disputes;
  • – compulsory social insurance.

The Labor Code of the Russian Federation provides for the first time a legal definition of labor relations (Article 15).

Labor Relations- this is a relationship based on an agreement between an employee and an employer on the employee’s personal performance for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee), the employee’s subordination to the internal labor regulations when provision by the employer of working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts.

This definition generally reflects all the necessary signs and distinctive features of the labor relationship:

• – it arises between the employee and the employer. The essence of this feature is that the subjects of the relationship are not equal to each other, first of all, in material terms, since almost always the employee is the economically weaker party to the employment contract, although legally equal at its conclusion. Subsequently, when performing a labor function, the employee submits to the so-called master's power of the employer;
• – the employee personally performs a labor function. Work performed within the framework of an employment relationship is always personal in nature, in contrast to civil relations that allow for representation;
• – the employee is subject to the internal regulations established by the employer. The presence of internal labor regulations, which the employee must strictly follow when performing work, is the first element of the implementation of the employer’s “owner’s power”; the possibility of disciplinary punishment for violating them is its second element. The need for the existence of this condition, sign in labor relations is associated with the fact that the performance of the labor function is carried out by the employee, on the one hand, personally, on the other hand, in cooperative conditions, i.e. joint, labor. In civil law relations, the performer independently regulates his activities;
• - The employee receives wages for his work. The specificity of the considered usual, in general, principle of remuneration in commodity-monetary relations in labor law lies, firstly, in the regularity of payment of wages, and secondly, in the obligation to pay it regardless of the result obtained by the employee in performing the labor function.

Understanding these characteristics of an employment relationship has not only a theoretical, but also a purely practical orientation, since it allows us to distinguish them from civil law relations. In practice, there are often cases of drawing up a civil contract (contract, paid services, etc.) in the presence of actual labor relations. In the Labor Code of the Russian Federation, this situation is provided for in Part 4 of Art. 11, according to which, if relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations, the provisions of labor legislation are applied to such relations. This implies an urgent need to have a clear understanding of the specific features of social relations that will allow them to be identified as labor relations.

Social relations directly related to labor relations are included in the subject of labor law insofar as there is a labor relation itself, without which the existence of “these (derived) relations would be meaningless or even impossible.” N. G. Aleksandrov proposed a classification of the relationships under consideration, which is still relevant today. The time criterion is used as the basis for identifying groups of relations:

• – relations preceding labor relations;
• – relations that exist simultaneously with labor relations;
• – relations that replace labor relations.

If we analyze the above list of relations directly related to labor, we can conclude that only a few of them can be classified only in one of the groups, while the majority can be included in two or even all three groups. For example, relations to resolve labor disputes may precede labor relations, since according to Part 2 of Art. 381 of the Labor Code of the Russian Federation, an individual labor dispute also recognizes a dispute between an employer and a person who has expressed a desire to conclude an employment contract with the employer, in the event of the employer’s refusal to conclude such an agreement. Also, this type of relationship can exist simultaneously with labor relations, in the case when an employee, during the period of employment with a given employer, appeals, say, his transfer to another job. Relations to resolve labor disputes often follow labor disputes, for example, when an employee appeals his dismissal from work to the court.

Considering the issue of the list and composition of relations directly related to labor, included in the subject of labor law, it should be noted that it is debatable. The list of relations given in Part 1 of Art. 1 of the Labor Code of the Russian Federation is exemplary; it does not always trace a single logic for including certain relations in it. For example, the reasons for separating into a separate group relations regarding the material liability of employers and employees in the sphere of labor and not distinguishing relations regarding disciplinary liability are not entirely clear.

Also, a number of researchers have questions about the compulsory social insurance relations included in 2006. As A. M. Lushnikov and M. V. Lushnikova point out, for example, “it is obvious that these relations are included in the subject of social security law.”

• Alexandrov N. G. Soviet labor law. M„ 1963. P. 174.
• Federal Law of June 30, 2006 No. 90-FZ.
• Lushnikov A. M., Lushnikova M. V. Labor law course: textbook. In 2 volumes. T. 1. The essence of labor law and the history of its development. Labor rights in the human rights system. A common part. 2nd ed., revised. and additional M.: Statute, 2009. P. 387.