LawState and Law

Subject of labor law

Work - a person's activities, the realization of the mental and physical abilities of the individual to receive any spiritual or material benefits. Labor is possible both as an individual and as a public one, but the rules of law are regulated exclusively by activities in public cooperation.

Subject, method and system of labor law

Labor law is a legal branch that regulates the relations of employees and the employer, as well as other labor relations directly related to them. This branch establishes the rights and duties of all subjects without exception related to labor law, as well as responsibility for non-fulfillment of duties or violation of any rights, combining the interests of subjects, society and the state.

The subject of the labor law is relations of the public, connected with activity on manufacture. In particular, these are the employment relations with the employer, the interaction between the worker and his supervisor according to the terms of the contract, the organization of labor, the mutual responsibility of the (material) employer and the subordinate, the resolution of disputes, participation in trade unions, and so on.

The subject of labor law is characterized by the fact that the relations are homogeneous, they have a socio-economic community and other characteristics. Each of the branches of law has an object that predetermines the specifics of regulatory methods, as well as principles and functions. All the basic principles, methods, subject of labor law are determined by labor law and its norms.

The method of labor law refers to the aggregate of various ways of regulating people's behavior that are specific to an industry in order to change it in a direction that is convenient for the state and society. Features of the method: the legal personality of participants; The procedure for the appearance, termination and change of legal relations; The nature of duties and rights, and the means that ensure their implementation.

The scope of the labor law is aimed at implementing the methods of its operation. Say, a combination of types of labor regulation; Contractual nature of the relationship between the employee and the employer; Equality of parties to the treaty, their mutual subordination to certain rules of internal order; Participation of workers in labor regulation (for example, through labor collectives and trade unions); Protection of workers' rights by a legal document. There are other ways to implement the methods, but they do not have universal distribution.

The system of the labor law branch is the classification of norms by industry into homogeneous groups, their location within the structures. Various legal norms that control relations in the world of work are divided into several groups. The first determines the basic general issues in the sphere of regulation of relations in labor law, and the second regulates the private parties of these relations. Particularly in the labor law can include such institutions as the institution of employment; Working time; Advanced training; Contract; Labor protection, etc.

Subject of labor law and its sources

Sources of labor law are the results of the activities of state bodies in the sphere of the regulation of labor relations. Regulation is carried out by the Labor Code of the Russian Federation, the Basic Law of the Russian Federation (the Constitution), other federal laws, decrees and resolutions, acts of local self-government bodies and other normative legal acts. But the Labor Code and other legal acts do not apply to servicemen; Persons who work under civil law contracts; Members of the boards of directors of organizations; Other persons.

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