Labor relations are social and labor relations arising after the parties have entered into an employment contract and are regulated by the relevant legislation, in which the employee is obligated to perform labor functions, and the employer is to provide and pay for the work, and ensure safe working conditions.
The content of labor relations - mutual rights and obligations defined in the employment contract, as well as established by state law.
Signs of an employment relationship:
1. The employee is personally involved in the production activities of the employer and cannot delegate work to other persons. The employer, in turn, has no right to replace the employee with another.
2. An employee performs work in a particular specialty or position specified in the contract.
3. Performing labor functions, the employee must comply with the internal labor schedule established by the organization.
4. Labor relations are onerous in nature, workers are paid by paying salaries.
5. Each of the parties to the contract at any time may terminate the relationship.
The basis of their occurrence is the conclusion of an employment contract.
The subjects of labor relations are the employee and the employer. The first is an individual with labor legal capacity (that is, the ability to have rights and obligations in the world of work and to exercise them with his actions), who is in an employment relationship with the employer. The second can be both individuals and legal entities.
The subjects of labor relations may be:
- workers - citizens, including foreign states;
- employers - various institutions, organizations, enterprises, firms, etc .;
- labor collectives;
- trade union committees and other elected bodies authorized by employees;
- social partners represented by representatives of associations of employers, trade unions and executive authorities at the federal, regional, sectoral and republican levels;
- law enforcement agencies - labor arbitration, conciliation commission, court;
- employer - a citizen or a public organization that has accepted an employee into its staff.
The object of legal relations in the field of labor means the performance of a certain type of work in accordance with a qualification, specialty or position.
There are types of labor relations:
- arising in connection with the provision of employment and employment with a particular employer;
- between employer and employee;
- between the labor collective and its representatives with the employer;
- social-partnership legal relations for maintaining and concluding collective agreements, contracts at the sectoral, territorial, federal, regional and professional levels;
- labor relations for advanced training, vocational training and retraining of personnel;
- on the control and supervision of compliance with labor protection rules and labor legislation;
- on the participation of trade unions and the workers themselves in establishing working conditions, applying labor legislation in cases stipulated by law;
- procedural labor relations to resolve collective and individual disputes;
- for liability in connection with the harm caused.
There are other classifications. So, labor relations are divided into: basic, related and protective. The former arise in connection with the implementation of labor, the latter in relation to employment, the activities of trade unions, the training of personnel, etc., and the third in labor disputes, compulsory social insurance, and liability.