Legal areas govern, first of all, relations between people. It is social relations that make up the subject of any legal industry. The subject of labor relations is the behavior of people, which is regulated by labor relations. Features of these relationships will be discussed in detail in our material. It will also talk about the types and contents of this kind of relationship.
What are labor relations?
What are the essence and features of labor relations in the field of jurisprudence? Begin with a definition. Labor relations are methods of interaction between people that are based on an agreement between an employer and an employee on the performance of a specific labor function for a fee.
Everything happens on the basis of submission to the requirements of the internal working schedule and the provision by the employer of working conditions that are regulated by the labor legislation. In addition to the norms and the law, the requirements enshrined in collective agreements, agreements and other local documents also apply.
Features of labor relations
The object of legal relations in the field of labor law is the material interest in the work. This should also include the results of labor activity and various social and economic benefits that satisfy the employer and employee. A special place is taken by protective goods. There is a protection of socio-economic rights and material interest.
The basis of labor relations is a certain form of ownership. It can be municipal, state, joint-stock and private. Also plays a large role the legal form of the enterprise or institution, which acts as the employer.
What features are typical for labor relations? Relations of this kind are divided into species and tribal groups and subgroups. These are relations at state and municipal enterprises, the implementation of work at private enterprises, relations at rental organizations, etc. Labor law governs only actual relations of a social nature regarding work at work. The legal rights and obligations of the parties are established.
Blocks of relations in the labor sphere
All relations, which are included in the subject of labor law, form a specific block of relations, which is regulated mainly in the contractual or private law.
There is also a second block, which, by the way, is the most important feature of labor relations. It incorporates relations that are regulated exclusively in public law or centrally-normative order. The specificity of such relations lies in the fact that they contain the subjects of "agents" of the state, who are endowed with the power of control, supervisory or other enforcement nature.
The block of labor relations includes two groups that are closely related to labor. This is a supervisory and procedural relationship. The former arise between employers and the authorities of general or special supervision, and the latter are formed between the disputing entities and the courts.
Labor and civil law relations
Revealing the concepts and characteristics of labor relations, one cannot fail to point out two important types of relations. Some are formed by labor agreement, while representatives of the other are owners of joint-stock companies. Differences in the legal status of such relations are related to the procedure for joining them. The same goes for change and termination.
When an employee is also a shareholder, he has a dual status: civil and labor. It should be noted here that labor relations are closely related to relations in the field of civil law. However, they should not be mixed. So, in labor law, an employee is included in the work collective, but this does not happen in the civil legal field. In this regard, the relations themselves are individualized.
Types of labor relations
So, having identified the main features of the legal regulation of labor relations, we should proceed to the characterization of the main types of labor law. In total, according to the Labor Code of the Russian Federation, nine groups of relations of work are distinguished. Here is what should be indicated here:
- relationship between employee and employer;
- relations to promote employment and employment;
- the relations of the work collective with the bosses, that is, the employer, his administration for the organization of labor and its management;
- the relations of the professional union body in production or another instance authorized by the worker with the employer on the modernization of working conditions and the protection of working rights;
- relations for the control and supervision of compliance with labor legislation and labor protection;
- social partnership relations between representatives of the labor collective, employer, and executive authorities of a regional or federal level;
- relations on vocational training, retraining and advanced training directly with the given employer;
- relations that are associated with the liability of employers and workers in the world of work, which are protective in nature;
- relations for the resolution of labor disputes.
All the above groups are enshrined in article 1 of the Labor Code of the Russian Federation.
Classification of labor relations
The main labor relationship must be preceded by the attendant relationship, which are managerial and organizational in nature. A feature of labor legal relations of a protective nature is the availability of liability.
All types of working relationships are divided depending on the distribution of profits or labor products, on the organizational and legal form of the enterprise, as well as on the form of ownership of working means. Relationships themselves can be urgent and perpetual.
Collective relationship
A feature of the structure of the labor relationship is the division into single and collective. Relations in the collective labor sphere are divided into organizational and managerial and relations settled by labor disputes.
It turns out that, in addition to the actual working relations, article 1 of the Labor Code of the Russian Federation defines eight more groups of relations that are directly related to workers or relations preceding them. These include:
- Relations to promote employment and job placement. For example, this is an interaction between a citizen with state bodies of the employment service or another job placement agency to find a job and direct it to it.
- Relationships that arise between the employer and the work team. This is the authority in the field of local law-making and law enforcement, in the case when its addressee is the work collective or some part of it.
- Relations formed between the work collective and the employer when the collective exercises its rights both in an independent form and through elected representative bodies.
The resolution of labor disputes that arise between entities is authorized to be considered by the court, labor arbitration, labor dispute commissions, conciliation commissions and other instances.
Occurrence of labor relations
The grounds for the formation, change and termination of working relations is the presence of legal factors or their combination, which is determined by the labor legislation. These are legitimate actions of the parties that are aimed at establishing mutual rights and obligations in connection with the realization by an employee of his ability to work functions.
An employment relationship may arise on the basis of a working agreement based on the results of:
- election to the position if the employee undertakes to perform a specific function;
- election by competition;
- appointment to the post;
- job directions;
- by court decision;
- as a result of the actual admission to the workplace.
Change and termination of relations is allowed on the basis of the legal facts of events or actions.
The content of the employment relationship
The labor relationship includes the totality of work responsibilities and the rights of the parties. The content of the relationship is determined by the labor legislation, labor agreement, collective agreement and social partnership type agreements.
The specifics of the labor relationship is the personal and personal nature of the duties and powers of the subjects. In this regard, it is allowed to talk about a special legal personality, which excludes the level of professional training and education for work.
The peculiarity of the employment relationship is that the employee is obliged to personally fulfill his duties. He has no right to replace himself without the consent of the employer.
The subjects of labor relations
A little more detail should deal with the subjects of the relations in question. The legal status of a citizen as an element of labor law differs from the legal status of an employee. The constitutional right to work recognizes such a right absolutely for all citizens. This is a kind of prerequisite for the emergence of a relationship. Therefore, it turns out that every citizen has the right to work, but not everyone is a worker.
Having dealt with the concept, features and elements of labor relations, it is necessary to characterize the legal status of the subject of labor law. This is a legal personality, the presence of rights and obligations, the presence of general and special legal guarantees, as well as the existence of liability for violation of obligations.