Term – (from Latin. boarder, limit) means a word with special
(scientific) shade of meaning... Concept – reflects
general, basic, more essential determinations,
identical to a subject (Golovina S.Y. 1997)
Interpretation of law – it is immaterial-voluntary
activity in determination of original content
of legal acts in order to realize and update them
(Shaburov A.S., 1996)
Grammatical (determination of different concepts
or literal meaning);
2) logical (what legislator wish to express
and text meaning sets according to logical law);
3) special – juridical (interpretation of terms due to peculiarities of legal control)
And other means of interpretation.
Official (authentic – carries out department, which
published legal act; legal – special jurisdiction authority);
2)Non-official (doctrinal, - by scientists –by lawyers, ordinary – every subject, professional - by specialists – by lawyers).
labour organization and labour management;
employment by particular employer;
professional training;
participation of employees and labour
unions in establishment of working conditions;
social partnership;
financial responsibility of employee
and employer in labour sphere;
resolution of grievance
complex of state and и contract;
participation of employees in administrative management;
unity and и differentiation of labour regulation;
complex of contract, recommendation и imperative;
participants equality in making and termination of labour
contract and submission to standars of LL and rules;
peculiarity of remedy и labour-related arrangement.
others regulatory
legal acts
Labour code
of Russia
«employer»,
«employee»
(Paragraph. 20 Labour code of Russia)
«gender»,
«compulsory labour»,
«salary wage»
«employment»,
«trade union»
«permanent place
of work»
«important reasons» omission of period in
court demand (article 5 PP VS of Russia № 2)
«right abuse» from the part of
empoyee (article 27 PP VS of Russia № 2)
Pre-revolutionary period
Till 1917 labour law was called
«Industrial (working) law».
Lev Semenovich Tal – confirmed independence of this discipline.
Several scientists consider, that labour
law as branch of law arouse in
Russia till 1917 (Mironov V.I., 2005)
Industrial law is inseparable mixture of standards of public and
private law.
Master authority, standard agreements and employment (working) agreement – these are
Private law basics of internal system
in industrial enterprise.
Советский период
Labour law became an independent branch from civil law in 1918 with acceptance of the first Labour Code (Gusov K.N., Tolkunova V.N., 2002)
B. Decree of Council of People’s Commissars October 29, 1917,
Civil laws of 1918, 1922, 1971, Fundamentals 1970
Labour code of Russian Federation (below LC RF):
accepted by State Duma on December 21, 2001
approved by Federation Council on December 26, 2001
signed by President RF on December 30, 2001;
joined into force since February 1, 2002;
last changes – Federal Law July 27, 2010
(join into force since January 1, 2011).
.
(from Latin to participate) attraction to smth,
From material point of view advantage, benefit,
self-interest
Interest in LL – it is a motivation (reason) of
behaviour in labour sphere and others) and internal
motives, needs of subjects in social-labour
relations
1. objective
3. individual
2. subjective
4. collective
Labour conditions
Type of activity
education
health
age
employee -
man,
woman
employer -
Legal person,
natural person
Collective
and management
executives
employees -
organization,
branch
climate
Labour code is accepted by:
France, Canada
Belarus,
Kyrgyzstan,
Uzbekistan
Ukraine,
Moldova,
Azerbaidzhan
Estonia
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