Labor law with its own rules and laws appeared as a result of the need to regulate the relations that arise between employers and employees. The goals and objectives of labor legislation are to establish the correct legal relations between all participants in the process. Labor in this case can be considered from completely different points of view.
If you suddenly encounter violations at work, labor law is your chance for a speedy solution to emerging problems. Do not be shy to operate on existing laws, a competent manager should already know what you can do and what not. And if you come across an inexperienced leader, you, on the contrary, will help him gain the necessary competencies in the field of legislation as soon as possible.
What falls under the jurisdiction of labor law?
The goals and objectives of labor legislation, its actions on the territory of the Russian Federation and the decisions that are made in the case of claims are somehow related to public relations. First of all, we are talking about the actual ones, which are formed between both parties with the help of an employment contract. Further, it should include here relations associated with the management and organization of labor (regulatory documents, working hours, etc.). The jurisdiction of this law also includes relations that the employer builds with potential candidates for a position in his company, this may include assistance in finding a vacancy.
This group also includes relations aimed at improving the labor skills of the employee (combining work and training, retraining, compensation, etc.). Labor law also protects the interests of the worker through trade union organizations and other partnerships. Depending on the specifics of the work, relations related to liability may arise between the employee and the employer, for example, the store merchandiser together with sellers often bears financial responsibility for shortages of goods that may arise during the audit.
Standing apart are those relationships that are aimed at resolving disputes on various issues that may arise between the employer and employees. There are other legal relations, however, they are much less common, since they are quite vague in their wording.
What is a legal relationship?
Understanding the goals and objectives of the labor legislation of the Russian Federation is impossible without an awareness of what labor relations are. If you put aside dry terminology, it turns out that we are talking about an agreement between the employer and the employee, according to which the second receives wages for the performance of certain functions. At the same time, the employer is obliged to guarantee normal working conditions, this is agreed upon in advance by both parties upon signing the contract.
The main role of labor legislation is to regulate the rules of conduct between the two entities of the relevant legal relations. According to normative acts, both parties in labor relations have rights and obligations that must be taken into account. The law regulates a large number of relations of various types, which can not always be attributed to work.
About features
The goals, objectives and functions of labor legislation in Russia are quite difficult to single out, since they have much in common. In particular, it is customary to name functions the main vectors of influence on the relationship between the employee and the employer, when using which all relevant legal norms are taken into account. There are a large number of classifications of these functions, each of them has certain advantages and disadvantages. In most cases, it is customary to distinguish four functions: educational, protective, industrial and social.
The most important function is the protective one, since it is its function to protect both employees and employers from making legal and legal errors. The protection of the rights and interests of both parties is the main task of this function. The production function is necessary for the correct regulation of relations between both parties, based on changes in existing legislation. For example, if the state adopts a law that the working day should not be more than 7 hours, the employer will have to obey and adjust the current labor contract with his subordinate.
When considering the goals and objectives of labor legislation, many often forget about their functions, which cannot be done, especially when it comes to social. It is necessary so that the employee can get help finding a job, as well as a detailed consultation from the employer in case of refusal. The educational function is most often used, with its help the employer can influence the behavior of his own subordinates. Its goal is to normalize labor legal relations, as well as teamwork. To date, the law states that it is possible to influence an employee by dismissal, severe reprimand, reprimand and warning.
Goals
The goals and objectives of the labor legislation of the Russian Federation were formed almost immediately after the collapse of the USSR and still remain relevant. The most important goal is the formation of state guarantees for civil liberty and labor rights. Next in terms of importance is the possibility of creating a comfortable environment for fulfilling work responsibilities. And the third goal is to protect the interests and rights of both parties, not only in case of conflict, but also on an ongoing basis.
All of them become extremely important if you remember that now all relations are built on the principles of a market economy, which is very cruel to wage earners. Earlier versions of laws protecting labor activity did not control the implementation of legal relations to protect employers and employees too well. The modern edition quite clearly regulates the rights and obligations of both parties, as well as algorithms for actions in cases where the situation gets out of control.
If we consider the goals and objectives of labor legislation briefly, they come down to protecting both parties from conflicts and not letting each other deceive themselves in the performance of official duties. The employee and the employer have the right to protect their rights on their own, they can also use the help of various organizations, in particular trade unions, notaries, etc.
Tasks
The goals and objectives of labor legislation must be familiar with all participants in the process, otherwise conflicts and collisions cannot be avoided. One of the main tasks of the Labor Code of the Russian Federation is to ensure normal conditions so that both parties can agree on the correct rules for mutually beneficial cooperation. Another task is to determine the status of relations that are in the jurisdiction of labor law, as well as to monitor their implementation.
According to the second article of the Constitution of the Russian Federation, the protection of a person, his rights and freedom is the duty of the state. Thus, the law can be interpreted so that the state is responsible for how the rights of the citizen are respected. Also, it should monitor how well employers fulfill their duties and comply with the human rights regulated by the country's main document.
What documents should be studied?
The goals and objectives of labor legislation are defined in article No. 1 of the Labor Code of the Russian Federation. Anyone can get acquainted with the Labor Code of our country, for this it is enough just to visit the library or use the search on the Internet. You should also pay attention to the fact that laws are often sent for review to the highest authorities, therefore, to get the most objective picture, you must be aware of all the changes related to the industry of interest to you.
In the Constitution of the Russian Federation you can find article under number 18, which says that all the rights and freedoms that a citizen of our country has must determine the parameters of a large number of state documents. It is on the basis of civil rights that legislative acts should be formed, and executive and legislative authorities, as well as justice, must act. Thanks to this article, the main goal of the Labor Code of the Russian Federation is achieved, but the very first article in the labor code can only improve the existing legal level of a citizen in this area.
Principles: ILO, Constitution of the Russian Federation and the Labor Code
The goals, objectives and principles of labor legislation can be found among a large number of texts on the topic of jurisprudence, but they are written in a rather complicated language, and often without an intelligent lawyer there simply can not be figured out. In simple terms, it is customary to understand the principles in labor law as the main ideas that determined its essence, main features and further development. Currently, more than 15 such ideas are being studied at law schools.
The principles are formed by the International Labor Organization, the Constitution of the Russian Federation, as well as the Labor Code of the Russian Federation. The first offers four ideas: the rejection of forced labor, the prohibition of child labor, the control of non-discrimination in the performance of labor, and the freedom of association to conduct discussions.
According to the Constitution of the Russian Federation, which reflects the main goals and objectives of labor legislation, the following principles apply in our country: non-discrimination on various affiliations, prohibition of diminishing personal dignity, prohibition on the distribution of private information about a person, freedom to create trade unions, guarantee freedom of labor, and prohibition of forced labor , ensuring work in conditions that meet all the necessary requirements, etc. The Labor Code informs us about the intersectoral principles by which the regulations should be have a relationship.
Types of principles
The goals, objectives and basic principles of labor legislation have their own characteristics, especially the latter. For example, all the principles reflected in the Constitution and the Labor Code of the Russian Federation are determined by the political and economic situation in the country, strict substantive certainty, compliance with state standards, commonality of content, as well as a systematic approach, stability and focus.
Based on this, all principles can be divided into three groups: industry, intersectoral and general legal. The first of them should reflect the features of the norms relating to a specific legal industry. The latter may be associated with several legal branches at once, for example, freedom of labor is stipulated immediately in the Civil and Labor Codes of the Russian Federation. Still others are found in absolutely all sectors, the principles of justice, equality, democracy, etc. can be attributed to them.
Learning problems
Now that you know the goals, objectives and principles of labor law, you should talk about the difficulties that may arise when studying them. Firstly, it is necessary to distinguish labor law from law in the broad sense of the word. The latter is usually accepted as a set of generally binding norms that are determined by the state to regulate social relations.
Legislation regarding labor should address a large number of important issues. We are talking about the equal rights of absolutely all parties that take part in it; on the protection of the rights of entities that participate in the preparation of an employment contract; and also to eliminate all gaps and inconsistencies in existing legislation.
The goals and objectives of the labor legislation of the Russian Federation exist in the form of a holistic structure and are interrelated areas through which legal impact on the population and social relations is carried out. It should form mechanisms that will take into account the equality of both parties and be successfully used in the labor market, and also help build the most harmonious relations between the employer and employee.
Conclusion
The goals and objectives of labor legislation are determined by a large number of regulatory documents, therefore, one cannot neglect their existence. Despite the fact that initially the labor law arose to protect the subjects of the labor contract and earlier the protective function in it was the main one, today the situation has changed dramatically. A radical change occurred several years after the collapse of the USSR, and the main reason for this is a change in the economy, as well as the socio-political orientation of the Russian Federation.
The new Constitution of the Russian Federation was adopted in 1993, and shortly after it a new edition of the Labor Code of the Russian Federation was adopted, which became a real compromise, taking into account the interests of both parties. The main task of the TC is the formation of a public partnership between employers and employees, as well as the creation of the most comfortable conditions to ensure the most efficient work.
The goals and objectives of labor legislation are constantly changing, in accordance with the political and social innovations faced by our state. Thanks to this, a large number of approaches and formulations of legal terms and concepts have arisen. When studying them, one should pay attention to the fact that labor law has not only legal functions, but also many others, only it will be possible to get a holistic picture of what it is.