E.Yu. Zabramnaya
-
Sectoral features of legal behavior in the field of dependent laborMoscow University Bulletin. Series 11. Law. 2021. 4. p.75-91read more356
-
One of the key grounds for the classification of legal behavior is the sphere of public relations regulated by law, which makes it possible to single out legal behavior in the sphere of dependent labor as a separate variety of it. However, the features of legal behavior in this area, due to the system-forming features of the branch of labor law, are practically not studied in the scientific literature, and therefore the article aims to fill this gap and identify the labor law specifics of legal behavior. Taking into account the special social significance of behavior in the area under consideration, due to the importance of labor as a key factor in the development of society and an individual, the article focuses on the specifics of the legal regulation of this type of behavior. It is substantiated that the specified specificity stems from a combination of state and contractual regulation of labor relations and other relations directly related to them, as well as the special role of local regulations as the main regulators of employee behavior. The problems of determining the limits of contractual regulation of relations in the sphere of labor law, as well as employer’s discretion in determining the content of local normative acts, are considered relevant for the science of labor law, and conceptual ways of their solution are proposed on the basis of the principle of guaranteeing the fundamental rights and freedoms of man and citizen, enshrined in the Constitution of the Russian Federation.
Keywords: legal behavior; sphere of dependent labor; limits of contractual regulation; local regulation; legal responsibility
-