Labor is an inalienable right. Each of us can choose an activity to our liking, specialty and work. Labor law regulates the most important part of the life of any adult. Therefore, knowledge of it will be useful to everyone. In order to deal with his system, it is necessary to understand what labor law is in general and what it consists of.
Definition
The concept of labor law is inextricably linked with relations in the sphere of wage labor. Speaking in a more literate language, labor law is a branch of law that regulates relations between an employer and an employee. Labor is the basis for the development of any society. As they say, he ennobles. It is a natural need of a person, through it you can realize your skills, abilities and talents. With the help of labor, man transforms nature, influences it, develops himself, forming himself as a person. The value and importance of labor law is truly high.
Method
The subject and method of legal regulation help to understand the essence of law, how and what it specifically affects. The subject answers the question of which particular public relations the action applies to. The method is a combination of techniques, means of legal influence on the subject.
The method of labor law is a set of techniques that directly affect labor relations using legal norms. The impact may come from the state, have legislative consolidation, or be local, which implies regulation by issuing local acts by the employer, which should not contradict the laws.
In addition to the above methods, labor law combines contractual, peremptory and recommendatory regulation. The contractual just precedes the emergence of rights, through the contract labor relations are established, implemented, changed and terminated. The recommendatory or dispositive method of regulation implies the possibility for participants to choose certain behaviors. The imperative method is strict requirements, legal norms, fixing only one possible variant of behavior, which guarantees the invariability of a certain part of legal relations.
Subject
As mentioned above, the subject is social relations that take shape in the process of exercising the right to work and the functioning of the labor market. The subject of law is very important to know and be able to determine, it is one of the criteria for distinguishing labor law from other sectors.
The very concept of labor law contains a subject - labor relations, I would like to dwell on them a little more.
Relationship at work
Most of the adult population is involved in labor relations. They are based on an employment contract. The conclusion of the contract entails a whole chain of rights and obligations. The employer is obliged to pay wages for wage labor according to the qualifications of the employee, arrange the conditions for this work, in turn, the employee is obliged to obey the requirements of the law and local acts of the organization, comply with the schedule, etc.
A distinctive feature of labor relations is the presence of certain entities: the employee and the employer. It is thanks to the participation of these two entities that legal relations arise. In order for legal relations to arise, a volitional act is necessary, this leads to the next sign - the volitional nature of legal relations. An important sign is the performance of a certain job. There should be a decent payment for any work, this is the next sign - the onerous nature of the legal relationship. Labor relations are always designed for a certain period of time, that is, they are of a long nature, which is also a sign, as are the rights and obligations arising in the process. And the final sign is state protection.
Systematization
The characteristic of the system of labor law is given in the context of three concepts: as a science, branch of law and as a discipline.
In a general sense, this term means a legislative structure that includes various institutions.
The system of labor law as a science is a set of views, teachings, conclusions. She examines and evaluates the rule of law and regulations, conducts comparative analyzes between the legal systems of different states.
The system of labor law as an academic discipline is divided into a general and a special part. The general part includes norms that apply to all labor relations. A special part is institutions that are formed according to the principle of uniformity of norms (that is, they regulate a certain specific area of legal relations). Often, talking about which institutes belong to a particular part, they suggest turning to sections of the Labor Code of the Russian Federation. This is an erroneous opinion. Some sections are not independent institutions, for example, the section on working time, the sections following it on rest time, on payment and rationing of labor, etc. In fact, all the institutions included in the labor law system are listed in Art. 1 of the Labor Code of the Russian Federation, here are some of them:
- Labor Organization.
- Employment
- Social partnership.
- Liability of subjects.
- State control and supervision.
- Settlement of labor disputes.
The principles on which labor relations are based
Principles are the basic provisions of law that determine its focus. In labor law, principles are divided into the following categories:
- General legal. For example, the principle of legality, equality.
- Sectoral, specific, that is, those that are inherent only to labor law.
- The principles are intra-industry, in the system of labor relations regulate the norms of specific institutions.
Of particular interest are precisely the industry ones. They extend their effect to the relationship between the employee and the employer. The legislator identified several important principles, first of all, this is the right to work, anyone can choose the activity he is interested in. The second highlighted principle is the equality of subjects of labor relations. The following two establish the right to good working conditions and to remuneration. Two more principles speak of prohibitions - a ban on various types of discrimination and a ban on forced, forced labor. All of them, in aggregate, are called upon to balance the system of labor relations.
Sources
For the proper functioning of the entire system of law, it must be based on sources. In simple words, these are laws, legal customs, acts adopted by the employer. The system of sources of labor law is as follows:
- The most important is the Constitution of the Russian Federation, which enshrines the fundamental rights and freedoms of citizens.
- The second most important is the Labor Code of the Russian Federation. It enshrines the regulation of labor and relations directly related to them.
- It is followed by a number of federal laws that specify a particular area of labor relations.
- Then acts of the President and the Government, local acts, collective agreements follow, but the Labor Code remains the main priority.
Functions
Each system of law exists to solve certain specific problems, to regulate a specific industry. The labor law system is characterized by the presence of the following basic functions:
- social (its main task is to ensure the basic aspects of labor relations: the realization of the right to work, labor protection, decent working conditions, etc.);
- regulatory (this function is inherent in all legal sectors, it ensures the implementation of all norms);
- protective (implies state control, in order to prevent violation of the law, this also includes state supervision);
- economic (aimed at the efficiency of labor activity);
- educational (punishment and reward system: bonuses, disciplinary liability).
The place of labor law in the system of branches of Russian law
Labor law is an independent industry. But this does not mean that it does not interact with other industries and is completely separate. Yes, he has his own unique subject, but there are intersections with other industries. The issues of labor relations to one degree or another govern various branches of the law. The closest in this regard are civil law, administrative law, social security law and, of course, constitutional. Consider each of the industries separately.
Constitutional law, as mentioned above in the article, enshrines the main provisions relating to labor, but they get their concretization in labor. Constitutional law, as a fundamental law, interacts with any industry.
Civil law is the closest to labor law. Their distinction is of very important practical importance. So, for example, if during a court session it is revealed that a contract of civil law regulates labor relations, then the norms of labor legislation will be applied to them. Thus, the most important economic function of the state is realized. It is labor law that is adapted to resolve disputes arising between workers and employers.
What is the ratio of labor and administrative law? They intersect when the issue relates to the activities of government and other employees. Labor law regulates that part of them that relates directly to labor (payment, standardization, etc.), and administrative - the activity itself.
The right to social security and labor law come into contact with the fact that often the purpose of any social security is connected with the deduction of insurance contributions from wages. The simplest example is a retirement pension.
Feature Description
The peculiarity of the labor law system is directly related to its subject composition. The fundamental subjects are the employee and the employer. They are not the only ones, but it is their relationship that is the subject of labor law. The very existence of a system of such legal relations is due to the interaction of unique entities.
Modern Russia
Labor legislation is often amended, this is due to the imperfection of the norms, and with the development of society. For example, the situation with the self-employed population is being actively discussed. Statistics show that there are several million. Of course, first of all, this is done to obtain additional profit for the state, to collect taxes, but this is not about that. In order to remove all self-employed from the shadows, it is necessary to give them legal status. Accordingly, make changes to the Labor Code of the Russian Federation. A large number of people work remotely, not on the ground, an ever-changing world requires legislation to change and move in step with the times. But, unfortunately, at this stage, the speed of adoption of legislative norms is much slower than the development of society. The legislator takes certain steps towards improving labor relations, even their virtualization (the introduction of electronic disability certificates, work books, even the appearance of an electronic contract), improving the labor law system, but so far they are insufficient.