Like any other branch of law, the labor law of the Russian Federation has its own rules integrated into a specific system. Regulatory provisions are classified by subject into homogeneous groups. They are called sub-institutes and institutions of the labor law industry. Norms are placed in the system sequentially. This is necessary to build legislation, the formation of the logical structure of the branch of labor law. What features does this system have? How is it created, how are provisions applied? We will answer these and other questions in the article.
Structure elements
In the system of the branch of labor law, the general and special parts are distinguished.
The first contains rules governing social relations, defining key tasks and principles of regulation, obligations and rights of participants in legal relations, the invalidity of the terms of agreements that worsen the situation of employees. General norms of the branch of labor law also regulate the procedure for delimiting the powers of the Russian Federation, its subjects, and territorial authorities. These include constitutional provisions, articles 1 of the TC section, as well as the norms of other legal acts.
A special part of the branch of labor law is formed by institutions.
Nuances
Often, the structure of labor relations is correlated with the structure of the labor law industry. Moreover, individual sections are defined as institutions. This approach, however, is not entirely true. Of course, there are many coincidences between them. However, there are many differences. So, for example, separate provisions of the labor law industry that regulate relations in different labor spheres, allocated in the Labor Code in separate sections, do not form independent institutions. These are norms about working time (section 4), rest time (section 5), wages (section 6), etc.
If you are guided by the concept of the institution of law, which is considered a homogeneous group of rules governing specific social relations, key legal relations regulated by the provisions of the labor law industry, then it is enshrined in article 1 of the Labor Code. From this we can conclude that the key institutions and relations related to the subject of law should correspond to each other.
Other sections of the TC are only sub-institutions. They are not considered independent legal relations, but are associated with key institutions. Consequently, the sections mentioned above (on working hours, remuneration, etc.) relate to the branch of labor law as sub-institutes of the labor agreement that defines the regulation of the main legal relations.
Differentiation Features
In practice, the distinction between the branch of labor law from scientific discipline, labor law, and the training course is of great importance. All these concepts have a certain relationship, but in terms of content, subjects and goals are different.
Under the system of labor legislation should be understood a set of regulations related to each other by a special subordination and hierarchy governing legal relations in the field of labor. According to general rules, its basis is the Code or another codified regulatory document (for example, the Basics of Legislation). It forms the basis for regulating legal relations in a specific area of public life.
The system of science has its own subject that goes beyond the scope of domestic legislation. The scientific discipline studies not only Russian, but also foreign regulatory acts, as well as the history of their development. The subject also includes the study of methods, sources, legal relations system, subjects.
The concept of the system of discipline (course) "Labor Law of the Russian Federation" is revealed by the educational standard or by additional directions in which students are supposed to be trained. In this regard, the discipline must necessarily include the study of legal relations enshrined in the Federal State Educational Standard and largely related to the category of the branch of labor law. As part of the educational program, training can be carried out in additional areas. It is, in particular, about the branch of labor law regulating relations arising in the public service and so on.
The specifics of the development of labor law
The system is constantly in development and undergoes various changes. They can be seen in the following examples.
Until the end of the twentieth century, it was believed that labor law is a branch of law that regulates the most diverse relations that arise between the employer and the employee. By the end of the century, a set of norms of a new industry — social security — was singled out from the system.
The development of labor law is evidenced by the formation of new institutions in it. It is, in particular, about the institutes of employment and employment, social partnership. In addition, today a relatively new sub-institute for resolving collective disputes stands out. In the pre-reform period of Soviet history, such disputes were absent, as well as unemployment. The allocation of these branches is determined by the introduction of new regulations.
In addition, the development of the system involves a change within the institutions and sub-institutions themselves. So, the institute of the labor agreement underwent substantial reform: after the adoption of the Labor Code, the list of grounds for terminating the contract was significantly expanded. It is worth mentioning about the changes in the regulation of the dispute resolution process. Here, the jurisdiction of individual disputes has changed, and the proceedings in the commission have ceased to be considered an obligatory stage in the settlement of the conflict. In 2006, a new institute for employee social insurance appeared in cases established by federal law.
Labor law system
It consists of laws and regulations, arranged in a hierarchical order, depending on legal force. In this case, an important point must be taken into account. If in the international agreement to which the Russian Federation is a party, other rules are enshrined than in the law, it is the international treaty that is applicable. The relevant provision follows from article 15 of the Constitution.
Among the international legal acts in the field of labor relations should be attributed, first of all, the ILO Convention (International Labor Organization). There are about 50 such acts in Russia. It is worth saying that most of the international legal norms are duplicated in domestic legislation or it provides for more guarantees than established in generally accepted norms.
The place of labor law in the structure of legal sciences
Domestic law can be considered as a system. It consists of elements - industries. Some of them are traditional or profiling. Such industries include, for example, administrative, criminal, civil law. Other main sectors include administrative procedural, criminal procedural and other law. Based on the profiling elements of the system, special directions have been formed. Among them, land, financial, labor law.
Public law sectors can be specialized, integrated, or complex.
Principles of differentiation of elements
The division of the system into elements is carried out using the subject and method of regulation. In this case, a number of rules must be taken into account:
- The system and the complex of elements that form it must be identical.
- All components must be mutually exclusive.
- There must be a basis for distinguishing elements. It is a system-forming factor.
Consequently, the separation of the industry, including labor law, in violation of these rules is not recognized as scientifically sound.
Subject
The legislator relates labor relations and relations to it that have a direct relationship with them and are regulated not only by labor standards. For example, the organization of work and labor management, dispute resolution can be the subject of other legal sectors (civil procedure, administrative, etc.).
Labor relations, as a rule, are considered as the central link of labor law. However, similar relations are regulated by civil law. This, in particular, on the contract, the production of research, technological, development work, as well as the provision of services. Because of this, in practice, the problem of delimitation of subjects of civil and labor law.
Regulation method
In science, it is understood as a combination of dispositive and imperative regulation of social and labor relations. It is achieved through the use of regulations, prohibitions and permissions. These elements, however, are present in both administrative and civil law. Accordingly, the regulatory method cannot be used as an additional sign of the delineation of industries. In legislative, judicial and industrial practice, it is not considered at all as a system-forming factor.
Subject composition
To distinguish labor law from other sectors, it is necessary to determine the composition of participants in regulated legal relations. If they are the employer and the employee, then there is an employment relationship.
An employee is an individual who performs a specific labor function under a contract, on behalf of and under the supervision of a tenant. In this case, the subject is subject to internal rules.
Accordingly, to distinguish between labor, civil law and other relations in the event of a labor dispute, it is necessary to answer the questions:
- Was an agreement on work at a particular enterprise or with a certain individual employer concluded?
- Was the subject entrusted with the execution of a specific production task?
- Did the citizen act on behalf and under the control of the employer?
- In the course of performing professional functions, did he obey the labor schedule in force in this organization?
Labor Law System and Labor Law
As mentioned above, the system is formed by certain norms, united in groups - sub-institutes and institutions. These elements are objectified in the structure of legislation. These two systems are closely related and correlate as content and form.
The system of legislation is determined primarily in the Labor Code. The Code contains general provisions. They are considered a form of objectification of general labor standards. The second part reflects the provisions on collective labor law. It is, in particular, about social partnership, the participation of personnel in the management of the enterprise. The third part contains the rules on individual labor law. Part 4 of the Labor Code contains provisions governing the work of certain categories of employees. In the fifth part, highlighted quite justifiably, the legislator reflected the rules governing the protection of freedoms and rights of workers, consideration and settlement of disputes, responsibility for failure to comply with prescriptions. This set of norms has the most important practical value.
In international labor law and the laws of foreign countries, more and more attention is paid to the protection and self-protection of workers' rights. And it is quite justified. In a democratic society, self-defense and protection of interests becomes the central link in the normative regulation of social and labor relations. In this regard, the theoretical development of the provisions that form this part of the industry, the practice of their application in Russia are an urgent and difficult to solve problem. Over time, its value will increase.
The structure of labor law should be considered, first of all, as a set of elements that are part of the system, ensuring its unity and qualitative characteristic. The structure is characterized by the presence of centripetal and centrifugal forces. The predominance of the latter leads to disruption of relations between institutions, contributes to the allocation of sub-sectors or independent industries. Such a situation, for example, developed when the institution of social security was separated from the system. The situation with the institution of disputes is similar. Today we are discussing the issue of allocating it as an independent branch of procedural law. Meanwhile, the balance of forces ensures the stability of the system.
Labor law as a scientific discipline
Within the framework of a scientific discipline, a system of legislation is studied, independent institutes of the industry, sub-sectors and sub-institutes, theory and practice of applying standards. A normative school was formed on this foundation. Its adherents focus on the form and content of the norms that exist today. They justify the need for their application, develop recommendations for improving the provisions.
At the same time, there is a sociological school. Its adherents base their ideas on the analysis of social relations, which should be regulated by norms.