Sources of labor law include legal acts that contain the norms of labor law, regulate the obligations and rights of the parties to labor relations, as well as other relations directly related to them.
Sources of labor law - these are legal normative acts that are adopted by state authorities and local self-government, these include normative, local acts and agreements that are concluded in labor relations.
The characteristics of the sources of labor law are based on the identification of their features, focusing on the specifics of the regulation of labor relations.
In accordance with the law, sources of labor law are divided into regional and federal.
Sources of labor law are classified :.
1. By importance: by-laws and laws;
2. According to the industry system: sources of the Special and General parts;
3. In the form of an act: decrees, laws, conventions, declarations, etc .;
4. For bodies that have adopted these acts;
5. By scope: local, territorial, local, intra-industry, inter-industry, regional, federal, multi- and two-way, international;
6. At the addressee, apply to all employees or to their individual categories;
7. By degree of generalization: current, comprehensive, codified.
Under the rules of law understand generally binding rules, authorized or established by the state, while secured by state coercive force. They are reflected in relevant legal normative acts and other sources of law.
The norms of labor law govern labor relations. They spawn
legal relations, if the subjects conclude a legal act, which is the basis for the emergence of labor relations.
We are talking about an employment contract concluded between the employer and the employee.
Labor relations - the main element of the system that determines the nature of other legal relations related to them, acting as derivatives of them and playing a service role, as applied to them.
Consequently, relations governed by labor law are quite
can be considered in the complex, as a system of legal relations, which
united by a common goal. Moreover, each legal relationship is an element of the system.
Description of sources of labor law:
Among the sources of labor law, the legal normative act takes the main position, since it is the most important regulator of social relations in the labor sphere. This is determined by qualitative diversity and quantitative superiority over other sources. As well as the fact that regulatory acts regulate almost all social relations that are part of labor law.
Legal regulations are quite diverse, so they are classified on various grounds. The general division is made into acts that are adopted by state authorities, and acts that are adopted by other entities with the permission of the state.
Acts that are adopted by the state are divided into by-laws and laws.
Among the laws, it is necessary to single out the Basic Law of the Russian Federation - the Constitution of the Russian Federation, constitutional laws of the federal level, the Labor Code of the Russian Federation and other federal laws that contain the laws of the constituent entities of the Russian Federation and labor law.
The term “labor law” in the strict sense only applies to laws.
Normative by-laws differ in the legal force that they have and their place in the source system. The highest legal force is in the decrees of the President of the Russian Federation, then - in the decrees of the Government of the Russian Federation, acts of federal bodies, decrees, resolutions, regulations of constituent entities of the Russian Federation (by-laws), acts adopted by local authorities.
Legal acts adopted by the employer are called local acts. The labor code establishes the right of the employer to adopt such acts, as well as their place in the whole complex of sources.
The following is a regulatory contract, which is a source of labor law.