What is the labor law system? Labor Law System: Definition and Scheme
The system of labor law, the scheme (structure) of which will be considered further, as well as any other legal sphere, has its own set of norms. Acting acts are grouped and arranged in a certain way. Consider further what constitutes the system of the branch of labor law.
The system of labor law is a certain classification of norms, depending on their subject in homogeneous categories. It involves the sequence of their distribution within the structure. The purpose and subject of this sphere is the formation of relevant legislation, the construction of a logical order of norms.
The system of labor law is divided into special and common parts. The first is formed by institutions (homogeneous groups of norms). It concerns the regulation of legal relations in the workplace.The general system of labor law is a set of rules, the action of which applies to all social relations affecting the area under consideration. These acts define the fundamental principles and objectives of legal regulation. General rules formulate the duties and rights of workers, the invalidity of contractual terms, which worsen the situation of workers. These acts also share the competence of the Russian Federation, its regions, and local authorities. The labor law system includes constitutional provisions, articles of the First Section of the Labor Code and other laws affecting the above issues.
Often the labor law system is related to the structure of the Code. At the same time, sections of the latter are defined as relevant institutions. Undoubtedly, in many respects these structures coincide. However, between them there are a number of differences. For example, acts that are divided into separate sections of the Code do not act as independent institutions. These include, in particular, the provisions on the time of rest and work, payment of professional activities, discipline, compensation and guarantees.Based on the concept of the institution of law, which is considered as a complex of homogeneous regulatory groups that regulate specific social interactions, the basic relations to which the labor legislation applies are outlined in Art. 1 of the Code. From this, according to a number of authors, it follows that the key areas should correspond to the subject of the considered area. Other sections of the Labor Code, which act as specific groups of norms, act only as sub-institutions. They are not considered independent interactions. These groups are associated with key sectoral law institutions.
Sections on work and rest time, discipline, thus, should be considered as subinstitutional agreements, within the framework of which the basic relations in the sphere of professional activity are regulated.
Differentiation of Definitions
The system of labor law, legislation, science and training course closely interact with each other. But while their goals and objects are significantly different. Thus, the legislative structure is a complex interrelated by the subordination and a specific hierarchy of regulations. They provide the regulation of relations in the field of work activities.According to the general rule, the formation of the structure of legislation is carried out in accordance with the Code or other codified document (Basics, for example). Such acts create the basis for the legal regulation of interactions in a particular area of society.
The structure of science explores a subject that goes beyond the limits of domestic legislation. Discipline studies both foreign and Russian norms, the history of their development. The subject of science also includes the improvement of regulatory methods, subjects, sources, categories of legal relations, prospects of the sphere.
The system of labor law is studied in accordance with the state educational standards and in accordance with additional areas that are assumed to be a specific institution. In this regard, within the framework of the training course, the relationships that are set by the standard must be studied. The discipline may also include programs for the development of additional elements. These include, for example, legal regulation of office-labor interactions in state bodies, foreign legislation, and so on.The educational institution chooses these areas independently, according to the developed programs.
The system of labor law, speaking as a set of rules that ensure the regulation of social and professional relations, consists of certain elements. Relatively independent and stable groups (institutes and sub-institutions) are considered as the last in science. The system of labor law is reflected in the relevant legislation. In theory, the relationship of these structures can not be challenged. At the same time, attention is focused on the fact that these systems correlate in the same way as content and form.
Peculiarities of legislation
As it was said above, the main act that enshrines the industry norms is the TK. The structure of the Code contains general provisions. They are a form of objectification of the relevant part of labor law. In the second section, there are provisions regulating collective relations in the professional sphere. In particular, it reflects social partnership, ensuring the participation of employees in management activities at the enterprise.The third part of the Code corresponds to individual law. The fourth section establishes the features of the normative regulation of the professional activities of certain categories of employees. Separately, a section is highlighted, reflecting the basic principles of protecting the interests of workers, resolving disputes, and liability for violations of legislation. This part of the Code is of major practical importance.
The structure of the system acts primarily as a link between the elements of law. It provides the quality characteristics and unity of the whole institute. The structure of the system operates at the expense of centripetal and centrifugal forces. Their balance ensures the stability of the sphere. With the prevalence of centrifugal forces, the connection between the institutions of law is broken, causing them to be allocated to sub-institutes or even to independent branches. This situation, for example, occurred during the separation of social security. A similar situation is observed in the field of labor disputes. Today, there is a discussion about its separation into an independent procedural area.