The subjects of labor law are participants in such relations in society that are directly regulated by labor legislation. Moreover, each such entity has its own rights and obligations corresponding to them, as well as the ability to realize both.
The subjects of labor law: legal status
Each of the following groups has its own legal status or, in other words, a specific legal provision, which is fixed by the legislation of our country on labor.
Legal status consists of:
a) labor legal personality;
b) the main labor duties and rights prescribed by law;
c) legal guarantees (special and general) for the performance of these duties and rights;
d) the liability that is prescribed in the legislation for non-fulfillment / violation of labor duties.
Types of subjects of law by work
Subjects may include the following groups:
1. Labor collectives and individual workers (citizens).
2. Employers (firms, organizations of various forms of ownership, individual entrepreneurs, etc.).
3. Trade unions.
4. Bodies of local, regional, state power.
5. Employment services.
6. Law enforcement agencies (courts, conciliation commissions, labor arbitration, labor mediators).
7. Bodies that exercise state control and supervision (Sanepidnadzor, Rosgostekhnadzor, Rostrudinspekitsya, etc.).
Moreover, the division into the above groups is very conditional, because the subjects of labor law can simultaneously be participants in several relations of work at once.
Who can become a subject of law?
In order to be such, a citizen must possess three elements of which constitutes legal personality, namely legal capacity, legal capacity and tort. Let's consider these concepts in more detail.
Labor legal capacity is understood as an equal opportunity (it is provided by the state and established by labor legislation) to enter into labor relations and directly related to them.
Under the legal capacity refers to the ability and legally fixed ability to exercise labor rights and perform related duties.
Two of the above elements are inextricably linked and, moreover, act simultaneously, while in civil law it is permissible in the absence of legal capacity (in particular, when a minor can enter into property relations through legal representatives). Labor is the volitional personal activity of people, which they, as subjects of labor law, carry out themselves. Therefore, sometimes in specialized literature, these two terms are replaced by one - legal capacity.
So, an employee in our country can be any citizen, foreigner, stateless person who has reached the age of fifteen. In addition, a teenager from fourteen or older can also become a subject and perform light labor duties, provided that there is written permission from the father or mother (in the particular case, from the legal representative - trustee or guardianship authority) and the work will not violate compulsory learning process.
Labor tort is understood as the ability of the subject to be responsible for those offenses (material, disciplinary) that he commits.
Restriction of legal personality is possible, but only temporary, according to a court sentence. So, for example, for certain types of crimes, the subjects of the labor law of the Russian Federation may for a certain period lose their right to occupy a particular position.