concept and the subject of labor law differ significantly from the concept and the subject of other branches of science and art are a complex labor relations, which are associated with the use of labor is not independent, but interdependent.Also, this type of law has its methods and principles of the legal regulation.
concept of labor law must be considered on both sides to find its essence and purpose in society with moral and positive.
as a positive, it is a system of legal norms, which include workers' rights and ensure their implementation.
moral aspect manifested in the fact that the rules of labor law guarantees the freedom of labor, social justice and ensure the implementation of human rights in the field of economic and social relations.
moral aspect included in the concept of labor law, stipulates execution characteristic only for him two functions: to ensure social stability and social security.Last
by creating mechanisms such rights, which ensure the implementation of all human rights related to work (these are different guarantees for workers, the protection of life, dignity, health, material assets).
stability in society is ensured through the preservation of peace in society.
Labor Law - the notion of a kind, since it can not be completely attributed to any private or to the public.Almost from the moment of occurrence, it combines elements of the two.
Along with the right to social security, medical and other fields of science, labor is included in the social right, which has a broader interpretation.In this regard, closer to labor law the right of publicity.This is done through the establishment of fundamental rights and guarantees related to labor at the state level, the parties have entered into an employment contract, are oriented primarily on the demands made by legislation.
concept of labor law contains and building relationships between the parties.This aspect distinguishes it from other branches of science.Implementation of relations takes place on a collective and individual level.When
future employee signs an employment contract with their employer, it gets right through the elected representatives of the staff (they may be the trade unions or other bodies) to represent and protect their interests.These representatives participate when the terms of the contract drawn up, labor disputes are resolved when the employer makes an important decision.That is, the employee - not just an outside observer, it is actively cooperating with the team, even through intermediaries.Protecting the rights and interests of the employee as well as the realization of relationships takes place on a collective and individual level.
In addition, the concept of labor law contains the rules of two types of law: procedural and substantive.
Sometimes there are proposals to allocate from the procedural rights of the working procedure as a separate branch.At a deeper study of the issue it becomes clear that such a division does not make sense and is not possible, as the regulations that govern the working relationship can not disunite.For example, during the dismissal procedure itself, the reasons for it and the responsibility (financial, disciplinary) should be considered only in the complex.
creation of a separate branch of the procedural rules and does not make sense, since they are only complement civil procedural law, but can not replace it.
likely further development of labor law will be held by combining the standards that have a different character and purpose, within the same area of law.
