The content, concept, types and classification of the principles of labor law

Labor law is something that people face every day. It is sad to admit this, but the number of unscrupulous employers is not less than the number of irresponsible employees. These social relations are perhaps the most controversial. The article will disclose the concept, classification and content of the principles of labor law, which form the basis and essence of the entire industry.

What are the principles of law?

Translated from Latin, the term "principle" refers to the primary basis of a phenomenon, starting position, starting point. In accordance with this guiding idea is the construction of a system of a certain branch of law, an array of its norms is created, designed to regulate any sphere of social relations.

Principles always act as a special ideological basis. They reflect the social significance of any branch of law, the purpose of influencing a certain sphere of public life. In this case, the concept and classification of the principles of labor law will be affected. Like any other component, they can be derived from the norms of a particular industry through analysis and generalization or formed independently in the form of special legal norms.

In jurisprudence, the principles of labor law mean basic ideas, common principles and basic provisions that reflect the essence of this industry, determine its integrity and the general direction of development. They are reflected not only in the Labor Code of the Russian Federation, but also in the text of the Constitution of the country.

Arbitrage practice

All kinds of principles of labor law, their classification are important for the courts. When considering individual labor disputes, they very often refer precisely to these fundamental ideas when justifying their decision. For example, in the case of systematic non-payment of employees' salaries in full or in part, its unreasonable decrease, courts often refer to the principle of equality for all employees of rights and opportunities. It is enough to turn to the public practice to see this.

Even more often, the principles of law, including labor, are appealed by constitutional courts. The statements that come to them contain demands to verify the constitutionality of a normative legal act. The content of newly issued laws or regulations should not contradict or conflict with sectoral principles.

Objectivity of principles

Classification of the principles of labor law, presented below in the text, includes different types, but they all have an objective character. It is not typical for them to form legal experts or legislators on the basis of a subjective opinion. Their essence reflects the qualities inherent in this block of legal norms. Here, for clarity, quote the words of one of the scientists: "Science is not engaged in inventing, but only reveals what was laid in the law."

Objectivity of principles is manifested in the fact that they are determined by the socio-political and economic structure of society, the peculiarities of the political system of the state.

Classification of the principles of labor law

The system of law of any industry, labor including in the construction and operation is based on a certain hierarchy, which includes industry, interbranch and the most global general legal principles. Let's dwell on each block in more detail. This classification of the principles of Russian labor law reflects their hierarchy, consistency:

• General legal principles. They should be understood as key, basic ideas of the entire legal system in general, and not in particular. The basic principles are those that reflect its social purpose in society: equality, social justice and freedom. They are enshrined in the Constitution and are the most significant for the labor law.
• Cross-sectoral principles. Their meaning lies in the title. That is, they are common for several legal industries and contain the same features and goals. Classification of the principles of labor law in this case implies such ideas as freedom of contract, inviolability of property, guarantee of restoration of violated rights, their protection in court.
• Industry principles are fundamental ideas that are specific in nature. It is on their basis that only the norms of labor law are created and implemented. A more detailed description is given below.
• Principles of institutions in labor law. They occupy the lowest level in the hierarchy. They should be understood as ideas of a guiding nature, the basic principles of formation and realization in relation to an individual institution. For example, labor remuneration, a trade union, an employment contract, etc.

Classification of branch principles of labor law

The principles formulated in law as general principles of the labor law are contained in Article 2 of the Labor Code of the Russian Federation. The predominant part of them is closely related to the rights of employees (employees). This is understandable. In this regard, the general tendency of the development of law based on common humanistic ideals, recognition, and, importantly, the provision of basic freedoms and human rights, is visible. However, the selection of 19 sectoral principles raises controversies among lawyers. By comparison: in criminal law there are only five. In this case, the quantity suffers from quality.

First, most of the principles are duplicated in matters of employee rights and employer responsibilities. As a result, the essence "depreciates", the norm becomes untenable. Along with the basic ideas, such principles begin to deepen in particular, concerning the regulation of only certain labor relations.

Secondly, according to a fair statement by many specialists in this field, lawyers, one can not reduce all principles only to the sphere of rights and duties of the employee. This leads to an artificial narrowing of their significance. At present, the main part of the principles outlined in the Labor Code of the Russian Federation is reduced to the transfer of the corresponding rights of the employee. At the same time, attention is not focused on the basic ideas that constitute the "foundation" of the industry.

Classification of the principles of labor law in connection with their unjustifiably large number comes to the fore in the authors of textbooks. The main task is to group them, not to reveal the essence. The following are the most important principles of labor law.

Freedom of work

The intersectoral principle characterizes the legal regulation of the whole gamut of social relations, which are more or less related to labor, including administrative and civil law. Freedom of labor is mainly manifested in the opportunity to freely dispose of their abilities. Anyone has the right to work in the chosen field or to refuse such participation. Conclusion - the unemployment of a citizen is not the basis for his prosecution (administrative or otherwise). It's time to remember the sensational topic of the forthcoming law on parasitism.

The principle of equality of opportunity and rights of workers

This principle is a manifestation of the general legal principle of equality in the labor industry. Its essence lies in the fact that the citizen, on an equal basis with others, should be given the opportunity to enter into an employment relationship without any discrimination, and also receive an equal salary for work of equal value.

The possibility of presenting to the persons performing the same official duties different requirements (to education, sex, age, etc.) is excluded. The classification and content of the principles of labor law must be correctly interpreted, and this determines the practical application of these principles.

Principle of social partnership

In its sphere of action lies the entire mechanism of legal regulation not only directly labor, but also closely related to them other social relations. The interaction and cooperation of employers (legal representatives) and ordinary employees is carried out in the development of legislative projects, other regulatory and legal acts and their subsequent adoption at the local, collective and contractual level while coordinating the main directions of economic and social state policy.

The principle of ensuring the right to protection by the state of labor rights

First, this principle secures the right to individual labor disputes, including judicial ones. Secondly, labor rights are protected through the system of state supervision (control) over compliance with labor laws. Thirdly, there is such a thing as self-defense. The employee can refuse work that is not stipulated by the employment contract or threatens his health and life.

Thus, the concept and classification of the principles of labor law, their content and essence are the foundation of the industry. Their careful study and disclosure of the essence allows a new look at labor legislation.