Employee Rights

In ancient times in Russia, workers were regarded as a class of poor, poor people. They owned neither land nor any other property. They did not have any actual freedom. Moreover, for workers the concept of "freedom" was incomprehensible. Therefore, they often treasured the patronage of the master or influential master and material security. The owners actively used the work of the poor to meet their own needs. And, of course, no rights of the employee were respected. The poor were in constant fear of starvation and death.

With the adoption of factory legislation, the rights of the employee did not become better observed. Compulsory measures were applied to the working people, which strengthened the traditions of serfdom in the field of hired labor. The legal status of the worker was formed as an industry of police law. The main condition for organizing labor hiring was terror and repressive regime. The host system provided economic, social, legal support to absolute tsarist power. Forced measures against the working man, terror and repression were sanctioned by law.

In the early years, the Soviet government enshrines the rights of the worker in its decrees also in the form of forced labor (mobilization, labor service, the monopoly of hiring workers, labor armies). As a result, the labor power of the people is nationalized, becomes state property. A worker turns into a soldier in some way, and production - into a barracks. The whole of society as a whole enters a state of "military communism," which is replaced by an administrative-command regime that builds socialism. As a result, a direct form of state compulsion to work is introduced, frightening by the criminalization of parasitism. Thus, the model of "socialist labor" is forming. In it, the worker is endowed with a "cog" function. All "cogs" need observation, in connection with which there is a need to establish control bodies in the system of the state apparatus.

The individual labor rights of an employee of the socialist system were fully included in the new Labor Code of the Russian Federation. With minor editorial changes and additions, they formed the basis of Article 21. With the help of the legal form, according to several authors, labor was fixed as a commodity, an economic category in the labor market. However, the worker is not only economic capital. First of all, the worker is a person, a person. This already does not allow us to refer it to the category of goods. An employee must have resources that promote the development of human capital. This idea was used in the theory of the world economy already in the sixties of the last century by Schulz, Bowen, Fisher, Becker and others, was applied in practice and was reflected in international normative acts expressing ways of protecting labor rights of workers. Such acts are mainly referred to as the Universal Declaration of Human Rights, the European Social Charter, ILO acts, the International Covenant on Political and Civil Rights and other documents.

Self-defense workers labor rights, according to experts, should be legally strengthened. The working person should be guaranteed effective preservation of social and economic interests. At the same time, in the opinion of a number of authors, special attention should be given to the right to protection from unlawful dismissal, as well as to improving the mechanism for protecting one's own dignity in the process of work from various kinds of harassment.