The right appears before man and society in various manifestations, most often these are the regulations that govern the life of society and behavior. But these instructions cannot exist on their own, they must be dialectically related to those specific conditions of society in which they operate. To establish these relations and the principles of law are called upon . Based on this statement, legal principles are understood as fundamental ideas that reflect the generalized properties of the legal system and its content.
In this context, the principles of labor law are the main provisions that reflect the essence of the current labor legislation, as well as those ideas that predetermine the development of this legislation. These principles are dynamic, and may vary depending on the specific conditions of the development of society, its needs, the prevailing types and forms of organization of economic activity in the state.
As legal science suggests, the basic legal principles are classified into three groups: general legal, sectoral, and intra-industry.
General legal contain provisions relating to all law in general, industry express the essence and content of the rules of law of a particular legal industry.
Intra-industry characterize the essence of institutional categories, regulations and acts within a particular industry.
Based on this, the basic principles of labor law reflect constitutional ideas, the most general rules and forms of organization of labor activity. Their significance consists in the public presentation of the main directions of development of the legal industry and the regulation of labor relations within the framework of their existing model.
Labor law, like other branches, is characterized by certain principles. These industry principles of labor law are dialectically connected with all other groups of principles - general legal and interindustry, ensuring the integrity of law as such. Industry principles may be present differently in legal acts. For example, some principles of labor law are enshrined directly in the Constitution, while others are reflected in specific legislative acts belonging to this industry. In addition, sectoral and intersectoral principles can be combined, as, for example, provides for the Constitution of the Russian Federation.
In accordance with generally accepted theoretical principles and established legal practice, the principles of this industry are specific rights and obligations of participants in labor relations, they are contained in Art. 2 Labor Code. The same document substantiates, which is very important, legal guarantees for the observance of these rights.
Modern Russian legislation includes the following principles of labor law among the main ones:
- Prohibition of forced labor and guaranteeing freedom of labor.
- The right to work based on equal opportunities.
- The right to safety and health protection, protection from injuries, which are ensured by the creation of appropriate working conditions and the establishment of state supervision of their observance.
- The right to decent and fair remuneration of employees when establishing its minimum amount.
- Rights to labor disputes and the creation of trade unions.
- The right to rest.
- The right of workers to participate in collective bargaining to regulate labor conditions.
- The right to receive and continue education.
Summarizing, we can conclude that these principles reflect the main ideas of the legal policy of the state and society in the sphere of relations between employers and employees and the general directions of the dynamics of the branch of law that are enshrined in the legislation. The peculiarity of their relationship with society is that their action is manifested constantly, throughout the entire period of a person’s labor activity and even after its completion.