The key to the effective operation of legal norms is the correct selection of the method of legal regulation. As a rule, most industries do not operate solely with one of the methods, constantly combining them to one degree or another. The method of labor law also has the same characteristic, incorporating the whole range of legal methods and techniques for coordinating relations between the employer and the employee. The peculiarity of this particular area of law is that it has a specific set of tools, which will be discussed later.
The subject and method of labor law
To understand the essence of the method, it is always necessary to refer to the basis of the industry, namely the subject of labor law. Most jurists are convinced that the following legal relations should be attributed to it:
1. relations regarding employment, conditions of work and dismissal, relations related to professional development, as well as the establishment of liability;
2. regulation of trade union activity;
3. relations of social partnership;
4. relations to control working conditions;
5. relations for the regulation of labor disputes;
6. participation in legislative activities in the field of labor legislation.
As you can see, the subject incorporates a wide range of issues. However, the industry in this case is still the first set of relations, which includes: getting a job, its conditions and the process of dismissal. And the method of labor law is initially obliged to provide the opportunity to interested parties to effectively dispose of their right to work.
In connection with the above, it becomes necessary to create a special set of tools, methods and techniques that would fit most organically into current realities.
Features of the method of labor law
The classical definition of the method of legal regulation says that there can be only 2 of them: either optional or imperative. But the method of labor law and its features reject this provision.
A set of regulatory instruments in the field of labor law has the following features:
1. within the framework of the industry in question, both legislation and contractual rules apply (for example, agreements concluded between trade unions and patronages);
2. The principle of equality in labor relations between the two parties is respected;
3. Both explicit bans are used (for example, a ban on certain types of work for nursing women or mothers with many children) and explicit alternatives (the right to continuing education);
4. protection of labor rights is implemented in a judicial and / or out-of-court procedure;
5. effective upholding of rights through patronages and trade unions both at the level of their relations and in relations with the state.
These five features distinguish the method of labor law from sets of regulatory instruments in other industries. As you can see, the widespread use of the three main methods makes it impossible to talk only about the dispositive or only the imperative method. The features of the labor law method are such that both classical types can collide in the same legal relationship or interact. This is clearly reflected, for example, in the resolution of labor conflicts or the provision of special working conditions.
From this it follows that both the subject and the method of labor law create a situation when it is difficult to determine to which part of the law the sector in question should be attributed - to public or private law. But these are the peculiarities of the developing relations, and, therefore, we can confidently conclude that it is the method of legal regulation and its subject that became the basis for classifying labor law as border industries.