For any legal industry, the central issue is the issue of the legal status of entities. This is due to the fact that it is they (the subjects) who apply legal norms, and are also carriers of obligations and opportunities.
In the constitution, people (as participants in civil relations) are recognized as the main source of power. Moreover, human freedoms and interests are considered the highest values, which obliges the state to protect and comply with them. So there is a need to analyze the legal status of the individual.
In labor law, the person is the employee. The main task of this industry is to ensure the protection of the legitimate interests and freedoms of the employee. An employee as a subject of labor law is considered the weaker (in economic terms) side of legal relations. In this regard, the correct resolution of the issue of the legal status of the employee will ultimately form the direction in accordance with which the development of the relevant legislation will be carried out.
The legal status of an employee is an issue to which there is an increased interest. This is due to the fact that the theory of discipline does not provide a single point of view on certain concepts. For example, categories such as “labor legal personality”, “employee”, “legal status of an employee” and others are not precisely defined. It should be noted that the TC has significantly improved the position of the conceptual apparatus. However, there are many unresolved issues.
An employee as a subject of labor law can only be represented by an individual. It is well known that only a person, an individual person possesses the ability to work. In this case, other subjects of law - the state, legal entities - can carry out activities no other than through the work of specific people. Thus, employees of enterprises are people and (in legal terms) individuals. It should be noted that not every person can be the subject of this right, even if it is considered as an individual.
An employee as a subject of labor law realizes his ability to work in the form of independent activity. In one case, the activity will not have any exit beyond the economic sphere of the specified individual. In this regard, it will not be mediated by law. In another case, the activity is aimed at generating income. In accordance with this, labor is mediated by the provisions of civil standards. Moreover, in both cases, the definition of an individual as an employee is carried out in a moral and ethical, but not in a legal sense.
An employee as a subject of labor law is a party to labor and other relations directly related to them. This party is endowed with legal features (including legal personality) and through the government or personally fulfills duties in accordance with the law and implements opportunities within the industry in question.
Legal literature provides different types of industry position of the individual. This issue in the framework of legal science is considered debatable. Many authors suggest distinguishing between two types of legal status: special and general. In the works of some specialists, a division into three groups is proposed: local, special, and general. One or another special status of the employee can be determined in accordance with objective criteria. These criteria are due to differentiation in the legal side of the regulation of relations, taking into account industries, specific professions, age, gender and other characteristics.