Tatyana P. Shishulina
Russian State Vocational Pedagogical University
Shishulina T.P. Legal mechanism for self-protection of labor rights: problems of law enforcement. Vestnik of Kostroma State University, 2023, vol. 29, No. 3, pp. 273–280 (In Russ.). https://doi.org/10.34216/1998-0817-2023-29-3-273-280
DOI: https://doi.org/10.34216/1998-0817-2023-29-3-273-280
УДК: 349.2
Publish date: 2023-07-25
Annotation: The article is based on the analysis of law enforcement practice concerning the legal mechanism of self-defense of labor rights by employees. Ensuring observance of the rights and freedoms of man and citizen guaranteed by the Constitution determines the importance of the implementation of independent actions of everyone to protect their rights and interests by any means established by law, including in the field of labor relations. Meanwhile, the current legal mechanism for the implementation of self-defense of labor rights of workers, established by the provisions of the Labor Code of the Russian Federation, is currently characterized by insufficient development and inconsistency, creating significant difficulties in the field of its legal regulation. The object of the study was labor relations in general, as well as legal relations arising between the subjects of labor law regarding the protection of the labor rights of workers. The subject of the study includes the theoretical and practical foundations of various ways to protect the labor rights of workers. The goal is to analyze the methods of self-defense of labor rights of workers, as well as to identify problematic aspects of their practical application (based on an analysis of law enforcement practice). The methodological basis of the research is represented by general scientific (concrete historical, formal logical, structural and systemic) and private scientific methods of research (comparative legal, the method of legal analysis, etc.). The practical significance of the study is determined by the relevance of the developed proposals for improving the norms of general and special disciplinary responsibility, ensuring the effectiveness of their application.
Keywords: labor legislation, employer, employee, grounds for the protection of labor rights, self-defense of labor rights
Literature list: Chikanova L., Nurtdinova A. Trudovye pravo rabotnikov: problemy realizacii i zloupotreblenija pravami [Labor rights of workers: problems of implementation and abuse of rights]. Hozjajstvo i pravo [Economy and law], 2017, No. 10, pp. 61-82. (In Russ.) Savin V.T. Problemy oplaty vremeni nevypolnenija raboty v sluchae samozashhity rabotnikom trudovyh prav [Problems of payment for non-fulfillment of work in case of self-defense of labor rights by an employee]. Problemy v Rossijskom zakonodatel'stve [Problems in Russian legislation], 2015, No. 3. pp. 84-89. (In Russ.)
Author's info: Tatyana P. Shishulina, PhD in Law, Russian State Vocational Pedagogical University, Yekaterinburg, Russia, zvezdochka.76@inbox.ru, https://orcid.org/0000-0001-9977-496X