Subjects of labor law - participants of such relations in society, which are regulated directly by the labor legislation.In addition, each such entity has its rights and duties correspond with them, as well as the ability to implement and that, and another.
subjects of labor law: the legal status
each of the following groups has its own legal status, or, in other words, a specific legal provision, which is fixed by the legislation of the country of work.
legal status is made up of:
a) legal work;
b) fundamental labor rights and duties prescribed in the legislation;
c) legal guarantees (specific and general) performance of those duties and rights;
g) liability, which is spelled out in the law for non-fulfillment / breach of work duties.
Types of subjects of law on labor
subjects may be the following groups:
1. Labor collectives and individual employees (citizens).
2. The employers (firms, organizations of different ownership forms, SP et al.).
3. Unions.
4. Bodies of local, regional and state authorities.
5. Employment Service.
6. Law enforcement authorities (courts, conciliation commission, labor arbitration, labor mediators).
7. The bodies which carry out state control and supervision (SanEpid, ROSGOSTEKHNADZOR, Rostrudinspekitsya et al.).
This division into the above groups is very conditional, because the subjects of labor law can simultaneously be members of several relationships at work.
Who can become a subject of law?
to be such a citizen must have the three elements that make up personality, namely legal capacity and capacity to act delictual.Consider these concepts in more detail.
under labor legal capacity refers to equal opportunity (it is provided by the state and is set by the labor legislation) to engage in labor and related direct relationship.
under labor legal capacity refers to the ability and opportunity to carry out the legally fixed labor rights and perform related duties.
above two elements are inextricably linked and, moreover, are at the same time, while in civil law in the absence of legal capacity may be the presence of capacity (in particular, when the join property juvenile citizen may, through legal representatives).Work is also a strong-willed individual human activities that they are subjects of labor law carried out themselves.So sometimes in the specialized literature, these two terms are replaced by one - pravodeesposobnost.
example, an employee in our country can be any citizen, foreigner, person without citizenship who has attained the age of fifteen years.In addition, a teenager of fourteen or older can also turn into a subject and perform light work duties, provided that there is a written permission from the father or mother (in a particular case - from the legal representative - the trustee or organ of guardianship), and the work would not violatea compulsory learning process.
Under labor deliktosopsobnostyu refers to the ability of the subject to be responsible for those offenses (physical, disciplinary), which he performs.
Restricting personality is possible, but only temporary, according to the court verdict.So, for example, for certain types of offenses the subjects of labor law of the Russian Federation for a certain period may lose the right to hold a particular office.
