For any legal industry a central issue is the question of the legal status of the subjects.This is due to the fact that they (actors) apply legal norms, as well as carry the responsibilities and opportunities.
Constitution people (participants of civil relations) are recognized as the main source of power.This freedom and human interests are considered to be the highest values that obliges the state to protect and respect them.So it is necessary to analyze the legal status of the individual.
In the labor rights of the individual worker advocates.The main objective of this branch is considered to be the protection of legitimate interests, freedoms employee.The employee as the subject of labor law is considered to be weaker (in economic terms) party relations.In this regard, the correct solution to the legal status of an employee, in the end, will form a line, according to which will be the development of appropriate legislation.
legal status of the worker is an issue to which today a strong interest.This is due to the fact that in theory the discipline does not provide a single point of view on certain concepts.For example, are not precisely defined categories such as "working personality", "worker", "the legal status of an employee" and others.It should be noted that TC will greatly improve the position of the conceptual apparatus.At the same time there are many unresolved issues.
employee as the subject of labor law can be represented only by a natural person.It is well known that the ability to work has only person single person.At the same time other subjects of law - the state, legal entities - may undertake activities not otherwise than through the work of individuals.Thus, employees of businesses - people and (in legal terms) individuals.It should be noted that not everyone can be a subject of this law, even if viewed as an individual.
employee as the subject of labor law implements its ability to work in the form of independent activity.In one case, the activity will not have any output beyond the economic sphere of said individual.In this connection, it will not be mediated by the law.In another case, the activities aimed at generating income.In accordance with this, work is mediated by the provisions of civil law.In both cases, the definition of an individual as an employee carried out in moral and ethical, but not in the legal sense.
employee as the subject of labor law is the side of labor and other directly related, relationship.This side is endowed with legal characteristics (including legal) and by the government or person performs in accordance with the laws obligations and implement opportunities within the sector in question.
Legal Literature brings different types of industry status of the individual.The issue in the legal science is considered controversial.Many authors propose to distinguish between two types of legal provisions: special and general.In the works of some experts proposed division into three groups: local, special and general.One or other special status of the employee can be determined in accordance with objective criteria.These criteria are due to differentiation in the legal regulation of the relations based industries, specific professions, age, gender and other characteristics.
