Labor law is what people face daily. It is sad to admit, but the number of unscrupulous employers is no less than the number of irresponsible workers. These social relations are perhaps the most controversial. The article will disclose the concept, classification and content of the principles of labor law, which form the basis and essence of the entire industry.
What are the principles of law?
Translated from Latin, the term "principle" denotes the primary basis of any phenomenon, the starting position, the starting point. In accordance with this guiding idea, a system of a certain branch of law is being built, an array of its norms is created to regulate any sphere of public relations.
Principles always act as a special ideological base. They reflect the social significance of any branch of law, the purpose of influencing a certain sphere of public life. In this case, the concept and classification of the principles of labor law will be affected. Like any other components, they can be derived from the norms of a particular industry by analysis and generalization, or formed independently in the form of special legal norms.
In jurisprudence, the principles of labor law are understood as the basic ideas, general principles and basic provisions that reflect the essence of the industry, determine its integrity and the general direction of development. They are reflected not only in the Labor Code of the Russian Federation, but also in the text of the Constitution of the country.
Arbitrage practice
All types of principles of labor law, their classification are important for the courts. When considering individual labor disputes, they very often refer precisely to these fundamental ideas when substantiating their decision. For example, with the systematic non-payment of full or partial wages to employees, its unreasonable reduction, the courts often refer to the principle of equal rights and opportunities for all employees. It is enough to turn to public practice to see this.
Even more often appeal the principles of law, labor including constitutional courts. The statements arriving to them contain requirements for checking the constitutionality of a particular regulatory act. The content of newly issued laws or regulations should not contradict or go against industry principles.
Objectivity of principles
The classification of the principles of labor law, presented hereinafter, includes various types, but they all have an objective character. They are not characterized by the formation on the basis of the subjective opinion of jurists or the legislator. Their essence reflects the qualities inherent in this block of legal norms. Here, for clarity, one should quote the words of one of the scientists: βScience does not engage in inventing, but only reveals what was laid down in law.β
The objectivity of the principles is manifested in the fact that they are determined by the socio-political and economic structure in society, by the characteristics of the political system of the state.
Classification of principles of labor law
The system of law of any industry, labor including, in the construction and operation is based on a certain hierarchy, which includes industry, intersectoral and the most global general legal principles. Let us dwell on each block in more detail. This classification of the principles of Russian labor law reflects their hierarchy, sequence:
- General legal principles. Under them should be understood the key, fundamental ideas of the entire legal system in general, and not in particular. The basic principles in this case are those that reflect its social purpose in society: equality, social justice and freedom. They are enshrined in the Constitution and are the most significant for labor law.
- Intersectoral principles. Their meaning lies in the name. That is, they are common to several legal sectors and contain the same features and goals. The classification of the principles of labor law in this case implies such ideas as freedom of contract, inviolability of property, a guarantee of the restoration of violated rights, their protection in court.
- Industry principles are fundamental ideas that are specific. It is on their basis that only labor law norms are created and implemented. A more detailed description is presented below.
- Principles of institutions in labor law. They occupy the lowest level in the hierarchy. They should be understood as ideas of a guiding nature, the basic principles of formation and implementation in relation to a particular institution. For example, remuneration, trade union, labor contract, etc.
Classification of industry principles of labor law
The principles formulated by law as the general principles of labor law are contained in article 2 of the Labor Code of the Russian Federation. The predominant part of them is closely related to the rights of employees (employees). This is understandable. In this regard, the general trend of the development of law is visible on the basis of common humanistic ideals, recognition, and most importantly, ensuring fundamental freedoms and human rights. However, the allocation of 19 industry principles causes controversy among jurists. By comparison: there are only five of them in criminal law. In this case, quality suffers from quantity.
Firstly, most of the principles are duplicated in matters of the rights of the employee and the obligations of the employer. As a result, the essence is "depreciating", the norm becomes insolvent. Along with the fundamental ideas, such principles begin to deepen, in particular, concerning the regulation of only individual labor relations.
Secondly, according to the fair assertion of many specialists in this field, lawyers, it is impossible to reduce all principles only to the sphere of rights and obligations of an employee. This leads to an artificial narrowing of their significance. Currently, the main part of the principles indicated in the Labor Code of the Russian Federation is reduced to the transfer of the corresponding rights of the employee. At the same time, attention is not concentrated on the basic ideas that make up the "foundation" of the industry.
The classification of the principles of labor law in connection with their unjustifiably large number comes to the fore with the authors of textbooks. The main task is to group them, and not reveal the essence. The following are the most important principles of labor law.
Freedom of labor
The intersectoral principle characterizes the legal regulation of the whole gamut of social relations, which to one degree or another are related to labor, including administrative and civil law ones. Freedom of labor is mainly manifested in the provision of the ability to freely dispose of oneβs own abilities. Anyone has the right to work in the chosen field or to refuse such participation. Conclusion - the unemployment of a citizen is not the basis for his prosecution (administrative or other). It is time to recall the sensational topic about the upcoming law on parasitism.
The principle of equal opportunities and rights of workers
This principle is a manifestation of the general legal principle of equality in the labor industry. Its essence lies in the fact that a citizen, on an equal basis with others, should be given the opportunity to enter into labor relations without any discrimination, as well as receive equal pay for work of equal value.
It excludes the possibility of presenting to persons performing the same official duties different requirements (education, gender, age, etc.). The classification and content of the principles of labor law must be correctly interpreted, the plane of their application in practice depends on this.
The principle of social partnership
In his sphere of action lies the whole mechanism of legal regulation of not only labor directly, but also other social relations closely related to them. Interaction and cooperation of employers (legal representatives), ordinary employees is carried out in the development of legislative drafts, other regulatory legal acts and their subsequent adoption at the local, collective-contractual level, with the coordination of the main directions of economic and social state policy.
The principle of ensuring the right to protection by the state of labor rights
Firstly, this principle secures the right to individual labor disputes, including litigation. Secondly, labor rights are protected through a system of state supervision (control) over compliance with labor laws. Thirdly, there is such a thing as self-defense. An employee may refuse to work that is not stipulated by the employment contract or threatens his health and life.
Thus, the concept and classification of the principles of labor law, their content and essence are the foundation of the industry. Their careful study and disclosure of the essence allows you to take a fresh look at labor legislation.