SUBORDINATION OF THE EMPLOYEE TO THE INTERNAL LABOR REGULATIONS AS THE IMMANENT FEATURE OF THE LABOR LEGAL RELATIONS
Journal: LAW AND INNOVATIONS (Vol.1, No. 56)Publication Date: 2014-04-24
Authors : Podkopay D.;
Page : 149-156
Keywords : internal labor regulations; labor contract; labor legal relations; labor activity; employee; and employer;
Abstract
Under the infl uence of the rule of law on labor, the social relations creating in the process of the use and organization of the labor activity, acquire the legal form and become legal relations. And it is necessary to note that social relations in the fi eld of law do not always function in the legal form though it is overwhelming. In some cases these relations are regulated by common or moral rules. But social relations as to the hired labor use, that is, labor relations require the exclusively legal form of regulation. And this is naturally as these relations (a) are conscious and volitional, i.e. provide the ability of their participants to understand the content and possible consequences of their behavior; (b) have certain external expression in the behavior of their participants; (c) they are clear defi ned according to their subjects and objects; (d) they are demanded in their legal regulation. Legal relations are the necessary feature of the legal rules realization. They potentially meet all without exception legal rules. Judicial relations are not byproduct of law but specifi c form of life of law, realization of the state will being part of the rules of law. Specifi city of this form of realization of law is that there is the overall scale, measure of behavior, set by the rule of law specifi ed both by the individuals and by the content of the competences. Labor legal relations are voluntary volitional relations of the employee with the employer in the sphere of the use of work expressed in their mutual subject labor rights and obligations determined by the labor legislation, collective agreement, agreement and labor contract. These relations are exclusively in terms of internal labor regulations ? subordination of the employee to the regulated conditions of the joint labor activity. Being in the labor legal relations the employee can not but to subordinate to the internal labor regulations. In the article the category of the internal labor regulations has been investigated by the author. It has been proved that requirement to the subordination to the internal labor regulations applies as to all employees regardless of their position, origin, property and social state, race and national ethnicity, gender, language, political views, religious belief, type and nature of occupation, residence and other circumstances so to all judicial persons regardless of their form of ownership, type of activity and branch belonging and also to employers ? individuals.
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