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Principles of labor law and their place in the general structure of law

Right appears before man and society in thevarious manifestations, most often these are prescriptions that regulate the life of society and behavior. But these prescriptions can not exist on their own, they must be dialectically related to those specific conditions of society in which they operate. Establish these links and called upon the principles of law. Proceeding from this statement, legal principles are understood as fundamental ideas that reflect the generalized properties of the system of law and its content.

In this context, the principles of labor lawrepresent the main provisions in which the essence of the current labor legislation is reflected, as well as those ideas that predetermine the development of this legislation. These principles are dynamic, and can vary depending on the specific conditions of the development of society, its needs, the prevailing forms and forms of organization of economic activity in the state.

As the legal science suggests, the basic legal principles are classified into three groups: general legal, sectoral and intra-sectoral.

General law contains provisions relating to the whole law in general, the industry expresses the essence and content of the rules of law of a particular legal branch.

Intra-industry characterize the essence of institutional categories, regulations and acts within a particular industry.

Proceeding from this, the basic principles of laborrights reflect constitutional ideas, the most general rules and forms of organizing work. Their significance lies in the public presentation of the main areas of development of the legal industry and the regulation of labor relations within their established model.

The labor law, as well as other branches,certain principles are peculiar. These branch principles of labor law are dialectically connected with all other groups of principles - general legal and interbranch, ensuring the integrity of the law as such. Branch principles can be differently present in legal acts. For example, some principles of labor law are fixed directly in the Constitution, while others are reflected in specific legislative acts belonging to this industry. In addition, sectoral and intersectoral principles can be combined, as, for example, the Constitution of the Russian Federation provides.

In accordance with generally accepted theoreticalregulations and established legal practice, the principles of this branch are the specific rights and duties of the participants in the employment relationship, they are contained in Art. 2 Labor Code. The same document substantiates, what is very important, the legal guarantees of observance of these rights.

Modern Russian legislation includes the following principles of labor law as the main ones:

  1. Prohibition of forced labor and guaranteeing freedom of labor.
  2. The right to work based on equality of opportunity.
  3. The right to safety and health protection against injury resulting from the creation of appropriate working conditions and the establishment of state supervision over their observance.
  4. The right to a decent and fair remuneration of employees with the establishment of its minimum size.
  5. Rights to labor disputes and the creation of trade unions.
  6. The right to rest.
  7. The right of employees to participate in collective bargaining for the regulation of working conditions.
  8. The right to receive and continue education.

Summarizing, we can conclude that the datathe principles reflect the main ideas of the legal policy of the state and society fixed in the legislation in the sphere of relations between employers and employees and general directions of the dynamics of the considered branch of law. The peculiarity of their connection with society is that their action is manifested constantly, throughout the entire period of the labor activity of a person and even after its termination.

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