The concept of labor law
The concept and subject of the labor law substantiallydiffer from the concept and subject of other branches of this science and represent a complex of labor relations that are related to the employment of labor not of an independent but of an interdependent one. Also this type of law has its own methods and principles of legal regulation.
The concept of labor law should be examined from two sides to find out its essence and purpose in society: from the moral and the positive.
As positive, it is a system of legal norms that include the rights of workers and guarantee their fulfillment.
The moral side is manifested in the fact that the normslabor law guarantee freedom, social justice and ensure the realization of human rights in the field of economic and social relations in the sphere of labor.
The moral aspect, which is part of the concept of labor law, stipulates the fulfillment of two functions that are characteristic only for him: ensuring stability in society and social protection.
The latter is carried out by creating suchmechanisms of law that ensure the implementation of all human rights related to labor (these are various guarantees for workers, protection of their lives, dignity, health, tangible property).
Stability in society is ensured by preserving peace in society.
Labor law is a peculiar concept, since it can not be fully attributed either to the private or to the public. Almost from the moment of its appearance, it combines elements of these two kinds.
Along with the right of social insurance,medical and other branches of science, labor enters into social law, which has a broader interpretation. In this regard, labor law is closer to the right of the public. This is done through the establishment of basic rights and guarantees relating to labor, at the state level, when the parties conclude an employment contract, focus primarily on the requirements imposed by law.
The concept of labor law contains in itself andbuilding relations between the parties. This aspect distinguishes it from other branches of science. The realization of relations takes place on a collective and individual level.
When a future employee signs an employmentcontract with his employer, he gets the rights through representatives elected by the collective (they may be trade unions or other bodies) to represent and protect their own interests. 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 outsider, he actively cooperates with the team, even through intermediaries. Protection of the rights and interests of the employee, as well as the implementation of relations, occurs at the collective and individual level.
In addition, the concept of labor law contains the norms of two more types of law: procedural and material.
Sometimes there are proposals to distinguish from the lawprocedural procedural as a separate industry. With a deeper study of the issue, it becomes clear that such a division does not make sense and it is not possible, since the norms that regulate working relations can not be disunited. For example, during the dismissal of the procedure itself, the reasons for it and the responsibility (material, disciplinary) must be considered only in a complex.
The creation of a separate branch of procedural norms also does not make sense, since they only complement civil procedural law, but they can not replace it.
Most likely, the further development of labor law will take place by combining norms that have different character and purpose within one area of law.