Legal Encyclopedia. Letter T

LABOUR LAW

- Branch of law that regulates labor relations of employees and employers, regardless of their organizational and legal forms of activity.

Subject TP - social relations that arise in the organization and the use of hired labor on the basis of an employment contract with any organization or individual citizen.

Signs of labor relations:

1) The parties are the employee and the employer;

2) strong-willed character;

3) voluntary agreement between the employee and the employer acts perform certain work;

4) private employee perform a specific job;

5) compensatory character;

6) The work is subject to state and collective protection;

7) continuing character;

8) the complexity and the inclusion of a number of corresponding rights and obligations of the parties to them.

Method TP - a set of specific techniques and methods used by the state to regulate through regulations TP labor relations.

Methods T. P .:

1) The combination of centralized and local regulation of public relations -State establishes the principles of social partnership, the procedure for the resolution of individual and collective disputes, grounds for termination of labor relations, the list of disciplinary sanctions, the limits of liability of the employee for the damage caused to the employer, the minimum rights and social guarantees for workers;

2) unity and differentiation - reflects the general principles common to all workers and employers, labor regulation sets especially for certain categories of workers;

3) The contractual nature of labor and ensuring its conditions - regulation of labor relations is carried out by the conclusion, modification, additions workers and employers, collective bargaining agreements, labor agreements;

4) equality of the parties in the employment relationship;

5) the originality of the means of protecting workers' rights;

6) employees participate through their representatives or trade unions in the legal regulation of work - the employer takes a decision, taking into account the views of the trade union body.

Tasks T. P .:

1) the organization of labor and labor management -voznikayut on the implementation of the management and enforcement of the employer, on the adoption of local regulations;

2) employment by the employer -providing citizens work through the bodies of employment;

3) training, retraining and skills development directly from the employer;

4) social partnership, collective bargaining, and collective bargaining agreements;

5) liability of the parties;

6) supervision and control over compliance with labor legislation;

7) the resolution of labor disputes. Functions T. P .:

1) protection - expressed in the creation of a system of state guarantees of labor rights of workers;

2) production - aimed at protecting the interests of the employer in labor relations;

3) educational - is reflected in the rules of promotions, incentives for highly productive labor, on disciplinary and material responsibility for the damage caused through the fault of the employee or the employee producing the fault of the employer.

Principles:

1) freedom of labor;

2) prohibition of forced labor and discrimination at work;

3) protection against unemployment and employment assistance;

4) ensuring the right of every worker to fair working conditions;

5) equality of rights and opportunities for workers;

6) ensuring the right of every employee to timely and full payment of fair wages;

7) ensuring equality of opportunity without discrimination of workers on the progress on the subject of labor productivity, qualifications and length of service in the specialty;

8) ensure the right of workers to participate in the management of the organization in the forms prescribed by law;

9) a combination of public and contractual regulation of labor relations;

10) social partnership;

11) mandatory compensation for damage caused to the employee in connection with the performance of his job duties;

12) establishment of state guarantees to ensure the rights of workers and employers, the implementation of state supervision and control over their observance;

13) To ensure the right to protection by the state of its labor rights and freedoms;

14) ensuring the right to settlement of individual and collective labor disputes;

15) the duty of the employment contract the parties comply with the terms of the contract;

16) ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation;

17) ensuring the right of workers to protection of their dignity at work;

18) ensuring the right to compulsory social insurance for employees.