The labor law system is the key to understanding relationships

The definition of the constituent parts that form the phenomenon under investigation is a pledge to a full understanding of it. So the labor law system gives a complete picture of what kind of relationship should be attributed to it. Moreover, the establishment of the composition of institutions regulating labor relations is not only scientific, but also practical. And, consequently, experts in the field of the industry in question should clearly know what it is composed of.

Theoretical and practical view

As a rule, legal scientists are engaged in problems of establishing the belonging of a certain norm to a certain institution. However, their theoretical research eventually becomes useful for practitioners.

Thus, the system of labor law science is formed from two main parts. The first of these, called the General, is aimed at revealing the strictly scientific foundations for the existence of this industry. The second, it's Special, is rather practical. However, lawyers-practitioners should not disregard the first of them. Why? The content of the answer to the question posed is to disclose the constituent elements of these parts.

So, the general part is designed to give the basic directions, according to which labor law is singled out from a number of other industries. The first element is always the subject, namely the relationship that the labor law system must regulate. And where there are relations, there are also two basic elements - subjects and objects, which constitute the second stage of the general part. It should be noted that it reveals not only the concept, but also the general legal status of objects and subjects. The third important milestone is the principles - the basic directions of the creation and functioning of law in general. The fourth, and last, category is intended to be the system of sources of labor law, the basis of which will be given below.

The special part is aimed at creating a solid scientific and applied base for practicing lawyers. It traditionally includes two large categories - the regulation of labor relations and the regulation of those related to work. The first category is aimed at the full disclosure of all the features of the implementation of labor relations (labor contract, rest time, wages , etc.). The second includes institutions that regulate the protection of labor rights, ways of employment, control over the implementation of the provisions of the relevant legislation, regulation of trade unions and employers, as well as other standards designed to ensure quality working conditions.

There is an opinion that the system of labor law science must include a special part regulating relations with a foreign element. But the statement is controversial, because It is this sphere that is opened by the institution of international labor law.

Be that as it may, all three parts are based on special sources, the system of which must also be identified.

System of sources of labor law

If we talk about the constituent parts of the labor legislation, we can not fail to mention that the construction of their pyramid does not differ from that proposed by the general theory of law. So, the top is the constitution guaranteeing the right to work for all. The second stage is considered to be labor legislation, which includes the code and other laws that regulate certain aspects of labor relations.

At the third stage are acts of executive power at the federal level. Acts of subjects of federation in the field of work possess the smaller force. And at the last step, local acts and collective labor agreements have become firmly established .

But there are two controversial questions: does the labor law system include international treaties and, if so, what kind of power do they have? The answer to the question posed by scientists is provided by constitutional law. International acts in the field of labor that have passed the ratification procedure become mandatory and take place at the level of laws.

From all this it follows that the system of labor law is more practical in nature and its main function is to ensure the proper functioning of all institutions in this industry.