Employee as a subject of labor law

For any legal branch, the central issue is 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.

By the Constitution, people (as participants in civil legal relations) are recognized as the main source of power. At the same time , human freedoms and interests are considered to be the highest values, which obliges the state to protect and observe them. So there is a need to analyze the legal status of the individual.

In the labor law an employee is an employee. The main objective of this industry is to ensure the 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 the direction in accordance with which the development of the relevant legislation will be carried out.

The legal status of the employee is a matter to which the increased interest is today. This is due to the fact that in the theory of discipline there is no provision for a single point of view on certain concepts. For example, such categories as "labor legal personality", "employee", "legal status of an employee" 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 can be represented only by an individual. It is well-known that the ability to work has only a person, a single person. In this case, 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.

An employee as a subject of labor law realizes his 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 is a party to labor relations and other relations directly related to them. This party 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.

The legal literature cites various kinds of the branch 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. One or the other special status of an 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.