What is the method of labor law - the basic concepts of legal regulation
Pledge of effective operation of the norms of legislation- in the correct selection of the method of legal regulation. As a rule, most industries do not operate exclusively with one of the methods, constantly combining them to one degree or another. The method of labor law possesses the same characteristic, incorporating the whole spectrum of legitimate ways and methods of coordinating the relations that develop between the employer and the employee. The peculiarity of this particular area of law lies in the fact that it has a specific set of tools, which will be discussed later.
Subject and method of labor law
To understand the essence of the method, it is always necessaryrefer to the basis of the industry, namely to the subject of labor law. Most legal experts are convinced that the following legal relations should be referred to it:
1. Relationships in the organization of work, working conditions and dismissals, attitudes related to the upgrading of professional qualifications, as well as the establishment of liability;
2. regulation of trade union activities;
3. relations on social partnership;
4. Relationships for control over working conditions;
5. Relations on the regulation of labor disputes;
6. participation in legislative activity in the sphere of labor legislation.
As can be seen, the subject absorbs a wide rangeissues. However, the forming industry in this case is still the first set of relationships, including: the device for work, its conditions and the process of dismissal. And the method of labor law is initially obliged to provide an opportunity for interested persons to effectively manage their right to work.
In connection with the above, there arises the need to create a special set of tools, methods and techniques that would most seamlessly fit into acting realities.
Peculiarities of the method of labor law
The classical definition of legalregulation states that there can be only two: either dispositive, or imperative. But the method of labor law and its features reject this provision.
A set of tools for regulating legal relations in the field of labor law has the following features:
1. In the framework of the industry under consideration, both legislation and contractual norms (for example, treaties concluded between trade unions and patronages) are in force;
2. The principle of equality in labor relations between the two parties is observed;
3. They are used as explicit prohibitions (for example, the ban on certain types of work for lactating women or mothers with many children), and explicit alternatives (the right to further training);
4. protection of labor rights is exercised in judicial and / or extrajudicial procedure;
5. effective advocacy of rights through employers and trade unions, both at the level of their mutual relations, and in their relations with the state.
These five features distinguish the method of laborrights from sets of means of regulation of other industries. As can be seen, the wide use of the three main methods does not allow one to speak only about dispositive or only about the imperative method. The peculiarities of the method of labor law are such that both classical species can collide in one relationship or interact. This is clearly reflected, for example, in resolving labor conflicts or providing special working conditions.
From this it follows that both the object and the methodlabor law create a situation where it is difficult to determine which part of the law should be attributed to the industry in question - to public or private law. But such are the features of the emerging relations, and, consequently, it is possible to conclude with certainty that it was the method of legal regulation and its subject matter that became the basis for classifying labor law as a category of frontier industries.