ЧАСТНОПРАВОВЫЕ КОНСТРУКЦИИ В ТРУДОВОМ ЗАКОНОДАТЕЛЬСТВЕ

Most often, the principles of law in specialized literature are understood as the “initial principles”, “ideas” and “provisions” of law. It seems that such conclusions could only be made from the standpoint of legal positivism, which restricts essentially “all” law only to the norms of labour law contained in national legal acts. The article makes a different conclusion: ontologically homogeneous elements are synthesized from the position of the scientifically substantiated concept of integrative legal understanding, first of all, the principles and norms of labour law contained in a single, developing and multilevel system of forms of national and (or) international labour law implemented in the state. With this theoretical approach, the principles of law can be controversially referred to as quite vague “principles,” “ideas,” and “positions”. In support of their position, the authors of the article present several vivid examples of application of the Ruling No. 21 of the Plenary Session of the Supreme Court of the Russian Federation on June 2, 2015 “On Certain Issues that Arose in the Courts when Applying Legislation Governing the Work of the Head of the Organization and Members of the Collegial Executive Body of the Organization”. The article provides an overview of ideas about the principles of law and their change in the pre-revolutionary, Soviet and modern periods. The authors emphasize that the special principles of national labour law are derived from the fundamental (general) principles of both national and international law which, by their nature, constitute undeniable law (jus cogens) binding on law-making and law-enforcement agencies as well as officials. The article advocates the position that the special principles of national labour law are the fundamental, primary elements of the labour law system that independently regulate labour relations in order to specify the norms of labour law.

The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.

The relevance of the study is due to the need to implement independent legal regulation of social and labor relations by the norms of labor law, taking into account the modern paradigm of labor law, in particular the features of the technological process in specific organizations. The independence of the employment contract and labor law is affirmed. It is noted that the inclusion of an employment contract among civil contracts does not contribute to the development of industrial relations and does not correspond to the rights and interests of workers. It is noted that the regulation of labor relations by sources of civil legislation cannot take into account either the specifics of the activities of certain organizations, or the rights and interests of individual workers. It is concluded that the employment contract can be considered a unique source of labor law, since it is valid only in the relationship between the employee and the employer. It is noted that the relationship between an employee and an employer is not a relationship between two legally equal entities, the obligation of one of which is the obligation to make efforts (the obligation to work, following the instructions of the employer), and the obligation of the second is to pay money for the efforts made. This is not a private law relationship. It involves the power and subordination that characterize public relations. It is indicated that labor legislation does not properly regulate issues of the conditions for the validity of labor transactions and the legal consequences of their invalidity. Attention is drawn to the fact that the discussion itself about the sectoral affiliation of the employment contract should, first of all, have practical significance. It is argued that the need for subsidiary application of civil law to labor relations does not determine the absorption of labor law by civil law. This only presents the mechanism of “legal economy” that the legislator uses.

The article contains a legal analysis of the concept of the mechanism of protection of the violated labor rights of the employee during the period of martial law. During the research, the concept of the protection mechanism is defined. The legal protection mechanism is a system of interrelated elements. Among the elements of the mechanism of protection of violated labor rights, the following are distinguished: subjects of protection of labor rights, legal norms, forms of protection. The protection of violated labor rights is a set of normative and legal measures that are carried out with the aim of restoring violated rights. At the same time, organizational and legal methods are used to stop and prevent violations of labor legislation, as well as to restore violated labor rights of citizens. The form of protection of violated labor rights is associated with the entity that provides such protection. General protection is carried out directly by courts, and special protection is carried out by controlling bodies. The prosecutor's office and the commission on labor disputes should be singled out among the controlling bodies. Non-jurisdictional methods of protection include self-defense, arbitration courts, and public protection. Among the methods of protection, three main ones are defined: restorative, stopping, penalty. The legal mechanism also means the ability to perform certain actions for the protection of rights and freedoms, therefore, the mechanism for the protection of labor rights is also a set of consecutive actions carried out by the subject whose rights have been violated. The means of protection in such cases will be reinstatement in the previous position, payment of material compensation, and in the case of dismissal of the employee at his own will, the issuance of the employment book to the employee.

In many parts of the world, labour has increasingly turned to legal means to defend and advance its interests in the face of formidable challenges. Constitutional protection of labour rights has gained a new impetus as these rights have come to be seen as an essential ingredient of human rights. Within this context, the paper aims to feed into the research on the constitutional protection of collective labour rights exploring the jurisprudence of the Turkish Constitutional Court (TCC) as an example of the treatment of these rights as human rights. I contend that the type of constitutional review that grants litigants direct access to the court bolsters the review of labour rights as human rights. Being such a legal remedy, the Turkish individual application system, which necessitates a close collaboration between the TCC and the European Court of Human Rights (ECtHR), provides labour with new windows of opportunities compared with the constitutionalty review of laws procedure. Although the TCC’s collective labour rights case law in individual applications includes some unsatisfactory judgments from labour’s viewpoint, it has largely contributed to the constitutional protection of collective labour rights in Turkey.

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

The article deals with the issues of dependence of flexible or rigid labour law norms and macroeconomic effectiveness. The conclusion is made that traditional neoliberal dogmas about negative effect of labour law norms on the economic effectiveness are not supported by the serious empirical proof. In contrary, modern researches show that the long-term positive economic effect of labour law norms may be found in such issues as diminishing the incomes gap, growing consumers’ demand, workforce productivity and creation of knowledge-based economy. The Russian labour law is considered to be not enough flexible in the issues of bureaucratic obligations of the employers towards the state in the human resources management matters. Those requirements should be alleviated without a real danger to harm the employees’ rights. In contrast, the regulation of relations between the employers and employees is considered to be overly flexible, contrary to the popular myths that it repeats the Soviet rigid labour law norms. The author claims that there is enough space to enhance the protection norms in the areas of social dialogue, minimum wages, working time, the regulation of labour relations within the groups of companies and in the number of other issues. All mentioned directions of law modification will not lead to the negative consequences to the economy, but would rather result in a better social stability and employers’ effectiveness in the time of macroeconomic crisis.

Individual contractual regulation, which reflects the real needs of the development of relations between an employee-athlete and an employer-sports organization, plays an important role in regulating the labor activities of athletes. Thus, the employment contract concluded with an athlete contains a number of conditions that objectively and significantly individualize his work, i.e. conditions inherent only to this category of employees. Moreover, it enshrines differential conditions for each specifically defined employee­athlete. The purpose of the article is to consider the specifics of the labor contract concluded between an employee-athlete and an employer­sports organization. It was concluded that the labor relations of a professional athlete should be regulated precisely by the norms of labor law and a special law on professional sports, which regulates the entire complex of relations between the state and participants in professional sports, although today there are opinions that the work of professional athletes should be provided with the help of civil - legal regulation. It is noted that, as of today, the main national law in the field of sports - the Law «On physical culture and sports» dated 12.24.1993 concerns only the general foundations of activities in the field of physical culture and sports, at the same time, it does not even contain an acceptable definition of such a concept as «labor contract with a professional athlete». Therefore, it is proposed to supplement the specified Law with a norm to provide for the definition of an employment contract with a professional athlete. In particular, as an employment agreement between an employee­athlete and an employer-sports organization with all appendices, changes and additions, concluded in accordance with the legislation of Ukraine, on the basis of which labor relations arise regarding the preparation and participation of the athlete in competitions for a monetary reward paid by the club. At the same time, in addition to defining and enshrining at the legislative level the concept of an athlete’s employment contract, the proposal to develop a standard form of contract with athletes of various sports was supported, the development of which should be based on the main directions of the joint sports activities of the athlete and the sports organization, which directly consists in the preparation athlete to a successful performance at competitions.

The article emphasizes the role and importance of labour law as one of the fundamental branches in the legal system of Ukraine. Labour law is distinguished from other branches of law, first of all, by its social focus. In the conditions of martial law, labour law remains the guarantor of ensuring the labour rights of employees and employers and does not change its essence, social significance and social purpose. The main task of modern labour law in the conditions of martial law, as in peacetime, remains the development of an effective sectoral mechanism for ensuring the labour rights, freedoms and interests of employees and employers. It is about the proper establishment of the list of basic labour rights of the employee and the employer at the legislative level in accordance with international and European standards, as well as guarantees of their implementation, forms, methods and means of protection. Based on the analysis of the content of legislative acts adopted under martial law, the following main trends in the development of modern labour law in a special period have been identified: 1) establishment of certain limitations and features of the organization of labour relations with observance of minimum labour guarantees; 2) strengthening the protection of labour rights of employees and guarantees of their implementation; 3) strengthening the flexibility of legal regulation of labour relations, employee mobility when exercising the right to work; 4) expansion of the contractual basis for regulating labour relations. Emphasis is placed on the fact that when adopting new laws, introducing changes and additions to existing acts in the conditions of martial law, the legislative approach to the regulation of individual and collective labour relations should remain unchanged and, as in peacetime, should be aimed at preserving labour law as a separate branch of law with its independent sectoral legal mechanism – subject, method, principles of legal regulation, system of the branch of law, its sources and functions.

The subjects of the study are the norms of the business trip institute in the labor legislation of the Russian Federation and other acts containing the norms of labour law, which allow to identify its essential features. The author analyzes the definition of a business trip specified in article 166 of the Labor Code of the RF, its features and duration. It is noted that the maximum term of a business trip is not legally limited, so the employer has the right to send an employee on a business trip of any length. The problematic issues of providing guarantees when sending employees on business trips, as well as reimbursement of costs associated with them are considered. It should be kept in mind that Article 166 of the RF Labor Code explicitly excludes from the business trips those employees, whose permanent work is carried out by travel status or has traveling nature. Consequently, expenses incurred by employees whose work is connected with regular business trips or with the itinerant nature of work cannot be regarded as business travel expenses. There are some differences between a business trip and a business travel with the itinerant nature of work. In particular, they consist in the fact that a business trip is usually of a one-time nature, while the itinerant nature of work implies regular business trips characteristic of this type of activity. In addition, the itinerant nature of work is an evaluative category, so the employer has the right to independently decide which jobs in the organization have the itinerant nature.

The article examines the international legal protection of labor rights of employees. The rules regulation international protection of workers are prescribed in the International Covenants on Human Rights and the conventions of the International Labor Organization. Furthermore, the Universal Declaration of Human Rights is the first document, which established right to work, to free choice of employment, to favourable conditions of work and to protection against unemployment. International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights of 1966 are investigated as a rules which provided international legal regulation of labor and interests of employees. The author gives the special attention to research the work of International Labor Organization as a guarantor of the protection of the labor rights. Conventions and Recommendations of International Labor Organization are analyzed in the article.The author concludes that international legal protection of workers' rights is an effective means of solving the problems associated with the violation of labor rights. Moreover, international organizations and their legislation provide realization of the rights of workers and the influence on the national legislation and the judicial system.

The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them. It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection. The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied. It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.

Trade unions play an increasingly more critical role in protection of the employees of every state. This article aims to outline the problems with regard to the legal regulation of labour rights protection by trade unions in post-Soviet countries. The research is based on a system of various general philosophical methods (dialectical method), general scientific methods, such as methods of synthesis and analysis, induction and deduction, and special legal methods, including comparative legal method and the method of modelling. The choice of the mentioned methods was determined by the purpose of this study. The legal rules on protection of labour rights by trade unions in post-Soviet countries are set up by a number of international conventions, Constitutions of such countries (as this is a special constitutional right, being under a special protection of the state) and their national legislative acts. Some of the post-Soviet states are now members of the EU (Lithuania, Latvia, Estonia) and are subject to regional EU regulations. Every post-Soviet State has its own jurisprudence, legal practice and traditions of labour rights’ protection and hence has its own national peculiarities with regard to this protection, the representation of employees and the architecture of labour legislation. The analysis conducted by the authors shows that the national legislators were not fully following the international standards established by the International Labour Organization and did not fully secure the freedom of association. All the mentioned countries were recommended either to change some pieces of legislation or to supervise the existing draft of laws to make them meet the rules set in a number of international conventions. The authors have also stated that trade unions in post-Soviet countries are not always effective

This article explores how Transformative Constitutionalism influences the protection of labour rights amidst the challenges of the 4.0 Revolution in Latin America. Through a qualitative analysis of literature, legislation, and jurisprudence, the study evaluates the evolution of labour law in the face of digitalization and automation. Thematic analysis reveals significant developments in adapting labour rights to emerging situations such as teleworking and digital platforms. A jurisprudential analysis of nine landmark cases from Latin American courts highlights how the judiciary, guided by Transformative Constitutionalism, interprets and applies labour law to affirm basic rights in non-traditional work contexts. In cases involving digital platforms in Chile, Argentina, Uruguay, and Brazil, the courts have recognized employment relationships and granted labour protections to workers initially classified as independent contractors. The courts in Colombia and Chile have also expanded labour rights to include reasonable accommodations for workers with disabilities through telework, while recognizing the right to digital disconnection as a fundamental right. However, challenges persist in effectively safeguarding workers in the digital economy, as the courts may face constraints in responding to the full scope of changes in the world of work. The article emphasizes the judiciary’s crucial role in recalibrating legal frameworks to ensure social and labour justice in an increasingly technological environment. The continued evolution of national jurisprudence and legislation, informed by Transformative Constitutionalism, is vital to keep labour rights at the centre of development.

With the deepening of the development of China's aging society, the insufficient supply of the labor market has become increasingly apparent. The protection of the labor rights and interests of retirees in their re-employment can effectively respond to the strategic requirements of active aging, which is in line with the principle of respecting labor and opposing discrimination. Specific measures can be taken to clarify the labor subject status of the elderly retirees, improve the system of receiving and issuing pensions, clarify the composition of the labor remuneration of the retired re-employed personnel and protect it reasonably, establish a special labor safety system, and improve the protection of the labor rights and interests of the retired re-employed personnel with the collective protection of trade unions.