Open AccessGuarantees of the Rights of Workers in the Labor Regulation
Author(s) -
Людмила Ивановна Филющенко
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.110.1.116-123
Subject(s) - legislation , labor relations , ambiguity , legislator , standardization , normative , labor disputes , labour law , law and economics , political science , economics , law , business , philosophy , linguistics
The issue of guarantees of the rights of workers during labor standards is of interest, because labor rationing, being a way to increase the efficiency of employees and reduce labor costs, affects their rights and interests. The purpose of this paper is to study the legal regulation of relations on labor standards by analyzing the norms and practices of the application of legislation on labor standards. The author considers guarantees of the rights of workers and concludes that the legislator does not give enough attention to the problems of legal regulation of relations on labor standards. The processes of labor standardization are negatively affected by the absence or incompleteness of normative legal acts on standardization, including the lack of a professional standard for the specialist in question. Guarantees turn out to be declarations, employers abuse rights, neglecting the development of labor standards. Gaps in the legislation, ambiguity of concepts give rise to ambiguous judicial practice. A summary of court practice and related clarifications could resolve contentious issues. The author formulates some suggestions to improve the legal regulation of labor standards.