Labor - human activity, the realization of the mental and physical abilities of a person to receive any spiritual or material wealth. Labor is possible both individual and social, but the rules of law govern exclusively activities in public cooperation.
The subject, method and system of labor law
Labor law - the legal industry that regulates the relations of workers and the employer, as well as other labor relations directly related to them. This industry establishes the rights and obligations of all, without exception, entities related to labor law, as well as liability for failure to fulfill obligations or violation of any rights, combining the interests of entities, society and the state.
The subject of labor law is public relations associated with activities in the workplace. In particular, these are relations for employment and promotion of employment with the employer, interaction between the worker and his manager under the terms of the contract, organization of labor, mutual responsibility (material) of the employer and subordinate, dispute resolution, participation in trade unions, etc.
The subject of labor law is characterized by the fact that relations are homogeneous, they have a socio-economic community and other features. Each of the branches of law has a subject that predetermines the specifics of regulatory methods, as well as principles and functions. All basic principles, methods, subject of labor law are determined by labor legislation and its norms.
The method of labor law is a combination of various industry-specific ways of regulating people's behavior in order to change it in a direction convenient for the state and society. Method features: legal personality of participants; the order of occurrence, termination and change of legal relations; the nature of duties and rights, and the means that ensure their fulfillment.
The scope of labor law is aimed at the implementation of its methods of action. Say a combination of types of labor regulation; the contractual nature of the employee-employer relationship; the equal rights of the parties to the contract, their mutual subordination to certain internal rules; the participation of workers in labor regulation (for example, through labor collectives and trade unions); protection of the rights of workers by a legal document. There are other ways to implement the methods, but they are not universal.
The system of the branch of labor law is the classification of norms by branch into homogeneous groups, their location within structures. Various legal norms that control relations in the world of work are divided into several groups. The first defines the basic general issues in the field of regulation of relations under labor law, and the second regulates the private parties to these relations. A special part in labor law includes such institutions as the institution of employment; working hours; advanced training; a contract; labor protection, etc.
The subject of labor law and its sources
Sources of labor law - the results of the activities of state bodies in the field of regulation of labor relations. Regulation is carried out by the Labor Code of the Russian Federation, the Basic Law of the Russian Federation (Constitution), other federal laws, decrees and resolutions, acts of local self-government bodies and other regulatory legal acts. But the Labor Code and other legal acts do not apply to military personnel; persons who work under civil law contracts; board members of organizations; other persons.