Pawn effective operation of the legislation - the correct selection of the method of legal regulation.Generally, most industries not only operates one of the methods are constantly combining them in varying degrees.The same method and has a characteristic of labor law, taking the whole range of legal means and methods of coordination of relations developing between employer and employee.The peculiarity of this particular area of law is that it has a specific set of tools, as will be discussed below.
Subject and method of labor law
To understand the method, you must always refer to the basis of the industry, namely, the subject of labor law.Most lawyers are convinced that it should be attributed to the following relationship:
1. relations for hiring, working conditions and dismissals, the relations connected with the increase of professional qualifications, as well as the establishment of a liability;
2. regulation of trade union activities;
3. relations of social partnership;
4. attitude control conditions;
5. relations to regulate labor disputes;
6. participate in legislative activities in the field of labor law.
As you can see, the object absorbs a wide range of issues.However, forming the industry in this case, it is still a first set of relationships, including: finding employment, its conditions and the dismissal process.And the method of labor law originally required to provide an opportunity for interested parties to effectively manage their right to work.
In connection with the above it is necessary to create a special set of tools, methods and techniques that would most naturally fit into the existing realities.
feature of the method of labor law
classic definition of the method of legal regulation stipulates that those can only be a 2: or dispositive or imperative.But the method of labor law and particularly reject this provision.
Toolkit regulating relations in the field of labor rights has the following features:
1. in the framework of this industry operate and legislation and contractual regulations (eg, agreements between trade unions and patronages);
2. respect the principle of equality in the employment relationship between the two parties;
3. used as explicit prohibitions (for example, a ban on certain types of work for nursing women or mothers of large families) and explicit alternatives (the right to training);
4. protection of labor rights is realized in judicial and / or out of court;
5. effective means of upholding human rights Employers and trade unions at the level of their relations and in relations with the state.
These five characteristics distinguish the method of labor law by means of regulation sets other industries.As you can see, the widespread use of the three main ways makes it impossible to speak only about the dispositive or only on the imperative method.Features of the method of labor law are such that both the classical type may face in one relationship or interact.This is clearly reflected, for example, in resolving labor disputes, or providing special working conditions.
This implies that the subject and the method of labor law created a situation where it is difficult to determine which part of the right should be classified as the sector in question - a public or private law.But such features are the relations and, therefore, it is safe to conclude that this method of legal regulation, and it became the basis for the subject of labor law referring to the category of border industries.
