Employee as a subject of labor law

For any legal branch, the central problemis the question of the legal status of the subjects. This is due to the fact that they (the subjects) apply legal norms, as well as bear responsibilities and opportunities.

People (as participants in civillegal relations) are recognized as the main source of power. At the same time, freedom and human interests are considered the highest values, which obliges the state to protect and respect them. So there is a need to analyze the legal position of the individual.

In the labor law an employee is an employee. The main task of this industry is to ensure protection of legitimate interests, employee freedoms. An employee as a subject of labor law is considered to be a weaker (in the economic plan) side of legal relations. In this regard, the correct solution of the issue of the legal status of the employee, ultimately, will form a direction in accordance with which the development of the relevant legislation will be carried out.

The legal status of the employee is a matter ofwhich is now showing increased interest. This is due to the fact that the theory of discipline does not provide for a single point of view on certain concepts. For example, categories such as "labor legal personality", "employee", "legal employee status" and others are not precisely defined. It should be noted that the TC has significantly improved the position of the conceptual apparatus. However, there are many unresolved issues.

An employee as a subject of labor law may beis presented only by an individual. It is common knowledge that only a person, an individual, possesses the ability to work. At the same time, other subjects of law - the state, legal entities - can carry out activities only through the work of specific people. Thus, employees of enterprises are people and (in legal terms) individuals. It should be noted that not every person can be a subject of this right, even if considered as an individual.

The employee as the subject of labor law realizesHis ability to work in the form of independent activity. In one case, the activity will not have any way out of the economic sphere of the said individual. In this regard, it will not be mediated by law. In another case, the activity is aimed at generating income. In accordance with this, labor is mediated by provisions of civil norms. In both cases, the definition of a physical person as an employee is carried out in a moral and ethical, but not in a legal sense.

An employee as a subject of labor law representsthe side of labor and other, directly related to them, relations. This side is endowed with legal features (legal personality including) and through the government or personally performs duties in accordance with the law and realizes opportunities within the framework of the industry under consideration.

Legal literature brings different typessectoral position of the individual. This issue in the legal science is considered debatable. Many authors suggest distinguishing between two types of legal status: special and general. In the works of some specialists, a division into three groups is suggested: local, special and general. This or that special status of the employee can be determined in accordance with objective criteria. These criteria are due to differentiation in the legal aspect of regulation of relations taking into account industries, specific occupations, age, gender and other characteristics.

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