The concept and subject of labor law significantly differ from the concept and subject of other branches of this science and represent a complex of labor relations that are associated with the use of labor not independent, but interdependent. Also, this type of law has its own methods and principles of legal regulation.
The concept of labor law must be considered from two sides in order to find out its essence and purpose in society: moral and positive.
As positive, it represents a system of legal norms that include the rights of workers and guarantee their implementation.
The moral side is manifested in the fact that the norms of labor law guarantee freedom, social justice in the field of labor and ensure the realization of human rights in the field of economic and social relations.
The moral aspect, which is part of the concept of labor law, determines the fulfillment of two functions that are characteristic of it only: ensuring stability in society and social protection.
The latter is carried out by creating such mechanisms of law that ensure the exercise of all human rights regarding labor (these are various guarantees for workers, protection of their life, dignity, health, material property).
Stability in society is ensured by maintaining peace in society.
Labor law is a peculiar concept, since it cannot be fully attributed to either private or public. Almost from the moment of its appearance, it combines the elements of these two types.
Along with social insurance law, medical and other branches of science, labor is included in social law, which has a broader interpretation. In this regard, labor law is closer to public law. This is done through the establishment of fundamental rights and guarantees relating to labor at the state level, when the parties entering into an employment contract are guided primarily by the requirements put forward by law.
The concept of labor law also contains the construction of relations between the parties. This aspect distinguishes it from other branches of science. The implementation of relations takes place on a collective and individual level.
When a future employee signs an employment contract with his employer, he receives the right to represent and protect his own interests through representatives elected by the collective (they may be trade unions or other bodies). These same representatives take part when the terms of the contract are drawn up , labor disputes are resolved when the employer makes an important decision. That is, the employee is not just an outside observer, he actively cooperates with the team, albeit through intermediaries. The protection of the rights and interests of the employee, as well as the implementation of relations, takes place on a collective and individual level.
In addition, the concept of labor law contains the norms of two more types of law: procedural and substantive.
Sometimes there are proposals to single out procedural and procedural law as a separate industry. A deeper study of the issue makes it clear that such a separation does not make sense and is not possible, since the norms that regulate working relations cannot be disconnected. For example, during the dismissal of the procedure itself, the grounds for it and the responsibility (material, disciplinary) should be considered only in a complex.
The creation of a separate industry from procedural rules also does not make sense, since they only supplement civil procedural law, but cannot replace it.
Most likely, the further development of labor law will take place by combining norms of different nature and purpose, within the same area of law.