Determination of components that form the phenomenon under investigation, is the key to a full understanding thereof.So the system of labor law gives a complete picture of what kind of relationship should be attributed to him.And the establishment of the Institute of regulating labor relations is not only scientific, but also practical.And, therefore, those skilled in the sector in question is to know exactly what it consists of.
theoretical and practical view
As a rule, the problem of establishing affiliation to any rules to certain institutions engaged in legal scholars.However, their theoretical studies to eventually become useful for practitioners.
Thus, the system of science of labor law is formed of two main parts.The first of these, called the general, the disclosure is aimed at a strictly scientific basis of the existence of this industry.Second, it is also a feature is more practical.However, legal practitioners should not miss your attention to the first of them.Why is that?The content of the answer to this question lies in the disclosure of the constituent elements of these parts.
So, the common part is designed to give basic directions in which the labor law is isolated from a number of other industries.The first element is always the subject, namely the relationship that is required to regulate the system of labor law.And where there is a relationship, there are two basic elements - subjects and objects that make up the second stage of the general part.It is worth noting that it reveals not only the concept, but also the general legal status of objects and subjects.The third milestone is the principle - the basic directions of creation and functioning of law in general.The fourth and last category is intended to act as a system of sources of labor law, the foundation of which will be given below.
special part is aimed at creating a solid base of scientific and applied yuristam- practices.As it traditionally include two broad categories - regulation of labor relations and the regulation of those associated with labor.The first category is focused on the full disclosure of all the features of the employment relationship (employment contract, rest periods, wages, etc.).The second involves institutions governing the protection of labor rights, ways of employment, control over the implementation of the provisions of the relevant legislation, regulation and trade unions, as well as other rules to ensure high-quality working conditions.
There is a perception that the system of science of labor law is obliged to include, and a special part of the governing relations with a foreign element.But this assertion is debatable, sinceit reveals the scope of the international institute of labor law.
Whatever it was, all three parts based on special sources, that the system also need to be identified.
system of sources of labor law
If we talk about the components of labor legislation, we can not fail to mention that the construction of the pyramid is different from that put forward a general theory of law.So, it is considered the pinnacle of the Constitution guaranteeing the right to work for everyone.The second stage is considered to be labor legislation incorporates the Code and other laws regulating certain aspects of labor relations.
In the third stage arranged acts of executive power at the federal level.Less force have acts of subjects of federation in the field of labor.And the last stage is firmly entrenched local acts and collective labor contracts.
But there are two controversial issues: whether incorporates a system of labor law and international treaties and, if so, how much power they have?The answer to this question gives scientists have a constitutional right.International instruments in the field of labor, past ratification procedures become mandatory and take place at the level of laws.
From all this it follows that the system of labor law is more practical in nature and its main function is to ensure the proper functioning of all institutions of the sector.
