The principle of recognizing the terms of labor contracts as illegal, worsening the legal status of employees. The unity and differentiation of working conditions is the most important principle of legal regulation of labor relations The principle of differentiation in labor law

The unity and differentiation of labor legislation are reflected.

Unity of labor legislation reflected in general rules labor law and is expressed:

1. in the principles of legal regulation of labor, common to all industries throughout the country;
2. in the same basic labor rights for all employees.

Differentiation of legal regulation of labor(i.e. difference) is expressed in special rules applicable only to certain workers, and is carried out by the legislator, taking into account its grounds. The grounds for differentiation that creates special norms (benefits, restrictions) are:

- harmfulness and severity of working conditions;
- climatic conditions of the Far North and places equated to it;
- subjective grounds: the physiological characteristics of the female body (its childbearing and maternal role), as well as the social role of a single mother (single father), persons with family responsibilities, psychophysiological characteristics of a fragile body and character of a teenager, limited working capacity of disabled people;
- the specifics of the short labor connection of temporary and seasonal workers;
- feature of labor relations of members production cooperatives, members of the collegiate executive body legal entity;
- features of labor in a given industry (industry differentiation), the combination of labor with training;
- the specifics of the content of labor and the responsible nature of the labor of civil servants, judges, prosecutors, the specificity and responsibility of the labor of workers in the transport industries, the importance and role of labor in the management of production of heads of organizations.

Differentiation (difference) of labor law norms is expressed in special legislation for certain categories of workers, i.e. in special normative labor law acts and special norms in general acts. For example, a special act is the Law of the Russian Federation "On state guarantees and compensations for persons working and living in the regions of the Far North and areas equivalent to them "of February 19, 1993, and by special norms in general acts - the norms of Sec. XII TC on the peculiarities of legal regulation of labor categories of workers (women, persons under the age of 18, seasonal workers, transport workers, etc.).

Differentiation of labor law and its result - special legislation gives all employees an equal opportunity to exercise their constitutional labor rights, ensuring their implementation by the peculiarities of the legal regulation of labor (differentiation) of certain categories of workers who need additional protection from industrial hazards or taking into account the nature of their work, labor relations .

Types of special labor law norms:

1. norms-benefitsproviding additional labor rights (the majority among special norms);
2. adaptation norms adjusting general norms to given working conditions (for example, sectoral differentiation, i.e., by sectors of the national economy, mainly contains adaptation norms);
3. norms-withdrawals (a small number, limit the rights in comparison with the general norms for some workers - temporary, seasonal, civil servants, etc.).

Posted On 06/11/2018

Legal regulation labor relations is based on the principle of unity of basic working conditions and equality of labor rights and obligations of various categories of workers. However, this does not exclude the differentiation (difference) of the legal regulation of labor relations of certain categories of workers, but this requires grounds. They are:

Objective factors include:

Differentiation is also carried out depending on subjective circumstances. Employees who are differentiated on this basis include: women, young people aged 14 to 18, disabled people, participants in the liquidation of the consequences of the Chernobyl disaster.

Differentiation can be carried out depending on the scope of legal norms. On this basis, legal norms are divided into general and special.

General rules

Special rules

Supplement Norms

Exemption norms provide for exceptions to the general rules. These norms limit the rights of certain categories of workers (temporary, seasonal, part-time workers, homeworkers). Yes, by general rule upon termination employment contract on grounds not related to the guilty behavior of the employee, he is paid a severance pay in the amount of at least 2 weeks of average earnings, and homeworkers and part-time workers are not entitled to severance pay.

Norms-adaptations adapt the general norms in relation to the specifics of the working conditions of the corresponding category of workers. They regulate working conditions such as work time and rest time, safety precautions. Special norms, providing for additional benefits or establishing exemptions from the general norm, thereby cancel the effect of general norms in relation to the relevant categories of workers. In the event of a change in the general norm, the special norm retains its legal force, unless otherwise provided by law.

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The basic rights and obligations of employees and employers are defined in Art. 21, 22 of the Labor Code of the Russian Federation. These norms are of a general nature, applicable in all situations related to the implementation of sources of labor law. Therefore, they provide unity in the regulation of relations that are the subject of labor law.

Firstly, it is possible to single out the norms that provide for additional benefits in comparison with the general labor legislation.

Unity and differentiation of legal regulation of labor relations

Similar rules may appear in various levels legal regulation of labor: federal, intersectoral, sectoral, regional, local, local.

Secondly, among the norms that ensure differentiation in the regulation of labor, there are norms that adapt general requirements to the specifics labor activity. This type of norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity.

Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

The Constitution of the Russian Federation, the rights and freedoms of man and citizen, including in the sphere of labor, may be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests other persons, ensuring the defense of the country and the security of the state. Consequently, the rules providing for exceptions to the general rules can be included exclusively in the content of the federal law.

However, for the application of these norms in the regulation of labor relations, it is not enough to include these norms in the content of the federal law without making appropriate changes to the Labor Code of the Russian Federation. As follows from Part 8 and Part 9 of Art. 5 of the Labor Code of the Russian Federation, a federal law that is contrary to the Labor Code of the Russian Federation, can be applied after the relevant amendments are made to the Code. That's why additional condition application of norms restricting rights and freedoms in the sphere of labor is the introduction of appropriate amendments to the Labor Code of the Russian Federation.

Naturally, the norms that are intended to be withdrawn from application general rules, must be developed to achieve those listed in Part 3 of Art. 55 of the Constitution of the Russian Federation goals. Without specifying the purpose for which a norm has been developed and applied that restricts the rights and freedoms of a person and a citizen in the sphere of labor, its implementation is contrary to Part 3 of Art. 55 of the Constitution of the Russian Federation.

The above classification of general norms and norms, designed to ensure differentiation in the legal regulation of labor, manifests itself not only in the formal expression of the sources of labor law, but also in their materialization into specific relations, which thus turn into legal relations. The implementation of labor law norms is made dependent on the will of the employer's representatives.

In turn, representatives of the employer have a direct interest in restricting labor rights and freedoms. Therefore, in practice, norms restricting the rights and freedoms provided for in the Labor Code of the Russian Federation and international legal acts on labor most often appear and are applied. Whereas the norms establishing additional benefits for employees are applied much less frequently.

It can be beneficial for employer representatives not to comply with the norms providing for additional benefits for employees. As a result, these norms do not go from formal to material expression. In this connection, we have to state that the state does not fulfill its constitutional obligation to protect the rights and freedoms of man and citizen in the sphere of labor.

The legal regulation of labor relations is based on the principle of unity of basic working conditions and equality of labor rights and obligations of various categories of workers. However, this does not exclude the differentiation (difference) of the legal regulation of labor relations of certain categories of workers, but this requires grounds. They are˸

Objective circumstances, i.e. circumstances independent of personality traits;

Subjective circumstances due to the qualities of the employee (gender, age, working capacity).

Objective circumstances include ˸

production features that require increased discipline, labor intensity (for example, work on railway transport);
the territorial location of the employer (for example, work in areas contaminated with radioactive substances);
the duration of the employment relationship between the employee and the employer (temporary, seasonal workers, persons working under a contract).

Differentiation is also carried out on the basis of subjective circumstances. Employees who are differentiated on this basis include women, young people aged 14 to 18, disabled people, and participants in the liquidation of the consequences of the Chernobyl disaster.

Differentiation should also be carried out on the basis of the scope of legal norms.

On this basis, legal norms are divided into general and special.

General rules apply to all employees regardless of working conditions, gender, age, physiological characteristics of the organism, profession, etc.

Special rules apply to a certain circle of employees and reflect the differentiation of labor law, especially the application of general principles to individual employees. Differentiated regulation is carried out by 3 types of norms - norms-additions, norms-withdrawals, norms-adaptations.

Supplement Norms establish additional guarantees and employee benefits. Most of them are among the special norms.

Exemption norms provide for exceptions to the general rules.

Unity and differentiation of labor legislation.

These norms limit the rights of certain categories of workers (temporary, seasonal, part-time workers, homeworkers). So, as a general rule, upon termination of an employment contract on grounds not related to the guilty behavior of an employee, he is paid a severance pay in the amount of at least 2 weeks of average earnings, while homeworkers and part-time workers do not have the right to severance pay.

Norms-adaptations adapt the general norms in relation to the specifics of the working conditions of the corresponding category of workers. They regulate such working conditions as working hours and rest time, safety measures. Special norms, providing for additional benefits or establishing exemptions from the general norm, thereby cancel the effect of general norms in relation to the relevant categories of workers. In the event of a change in the general norm, the special norm remains in force, unless otherwise provided by law.

However, the main form of action of normative acts of labor law is their general effect.

Unity and differentiation in the legal regulation of working conditions. Factors of Differentiation

The unity of the legal regulation of labor is manifested in the fact that the content of labor legislation contains general norms that enshrine the general principles of legal regulation of the labor of all employees and employers without exception. First of all, these include norms-principles arising from the content of Art. 2 of the Labor Code of the Russian Federation. The basic rights and obligations of employees and employers are defined in Art. Art. 21, 22 of the Labor Code of the Russian Federation. These norms are of a general nature, applicable in all situations related to the implementation of sources of labor law. Therefore, they provide unity in the regulation of relations that are the subject of labor law.

On the other hand, there are special rules that are designed to reflect the specifics of the work of individual workers or proceeding in special conditions. Such norms provide differentiation in the regulation of relations included in the subject of labor law. There are three types of norms designed to ensure differentiation in the legal regulation of labor. Firstly, it is possible to single out the norms that provide for additional benefits in comparison with the general labor legislation. Such norms may appear at various levels of legal regulation of labor: federal, intersectoral, sectoral, regional, local, local.

The provision of additional benefits does not conflict with the legislation of higher legal force, since the rights and freedoms of man and citizen are declared the highest value, which is the meaning of the activities of public authorities and local government and must be brought to justice.

Secondly, among the norms that ensure differentiation in the regulation of labor, there are norms that adapt general requirements to the characteristics of labor activity. This type of norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity. Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

Thirdly, among the norms that provide differentiated regulation of labor, it is necessary to include the norms that establish exceptions from the general rules. The establishment of such exemptions is associated with the restriction of the rights and freedoms of man and citizen. In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen, including in the sphere of work, can be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others , ensuring the defense of the country and the security of the state.

Unity and differentiation of labor legislation

Consequently, the rules providing for exceptions to the general rules can be included exclusively in the content of the federal law. However, for the application of these norms in the regulation of labor relations, it is not enough to include these norms in the content of the federal law without making appropriate changes to the Labor Code of the Russian Federation. As follows from Part 8 and Part 9 of Art. 5 of the Labor Code of the Russian Federation, a federal law that is contrary to the Labor Code of the Russian Federation, can be applied after the relevant amendments are made to the Code. Therefore, an additional condition for the application of norms restricting rights and freedoms in the sphere of labor is the introduction of appropriate amendments to the Labor Code of the Russian Federation. Naturally, the rules that are designed to withdraw from the application of the general rules should be developed to achieve those listed in Part 3 of Art. 55 of the Constitution of the Russian Federation goals. Without specifying the purpose for which a norm has been developed and applied that restricts the rights and freedoms of a person and a citizen in the sphere of labor, its implementation is contrary to Part 3 of Art. 55 of the Constitution of the Russian Federation.

Factors of Differentiation

Differentiation in the legal regulation of labor occurs in certain areas. These directions are usually called factors of differentiation. Differentiation factors can be divided into objective and subjective. Objective factors of differentiation are manifested regardless of who performs this or that type of labor activity.

The following factors, which are manifested in the legal regulation of labor, can be attributed to the number of objective ones. First, they should include working conditions in the organization.

The legislation, in particular, provides for additional benefits for employees performing a labor function with harmful and dangerous working conditions.

Secondly, the climatic conditions in which labor activity takes place should be attributed to the objective factors of differentiation in the regulation of labor. For example, employees of the regions of the Far North and equivalent areas may qualify for additional benefits established by law.

Thirdly, among the objective factors underlying the differential regulation of labor, include the importance of the sector of the economy and products. This factor is manifested in the norms that establish allowances for length of service in certain sectors of the economy and in the production of certain products.

Fourth, an objective factor that allows you to see the difference in the legal regulation of labor, it is necessary to recognize the form of ownership of the organization that uses the labor of workers. Organizations receiving budget funding, as a rule, are deprived of the opportunity to independently make decisions on improving the working conditions of employees.

Such decisions can be made by them only if they have independently earned funds. Organizations of a private form of ownership are called upon to comply with the minimum labor rights established by the state, having opportunities at the expense of own funds improve the situation of workers in comparison with labor legislation.

Fifthly, it is necessary to recognize the technical equipment of the place of work or the work performed as an objective factor of differentiation in the regulation of labor. labor function.

Obviously, the work of an accountant using a computer and the work of an accountant who does not have such equipment require different legal regulations.

The difference in the technical equipment of individual sectors of the economy can also be recognized as an objective basis for differentiated labor regulation.

Subjective factors of differentiated regulation of labor relations are associated with the personality of workers. We can distinguish the following subjective factors of differentiation in the regulation of labor. First, such factors include the performance of work by minors and persons under 21 years of age. The special legal regulation of the labor of these persons is intended, first of all, to protect them from the influence of harmful and dangerous production factors. The goal of special legal regulation is also obvious - to preserve the working capacity of the young generation of workers.

Secondly, the subjective factor of differentiated regulation of labor relations is the performance of work by women. The implementation of this factor in the legislation is designed to protect women of childbearing age from exposure to harmful and dangerous factors, protect them from excessive physical activity, and create conditions for combining work with motherhood.

Thirdly, the subjective factor that ensures differentiation in the regulation of labor should be the performance of a labor function by persons with family responsibilities.

The introduction of this factor into the legislation is aimed at a reasonable combination of the interests of the family with the implementation job duties.

The above list of objective and subjective factors of differentiation in the regulation of relations in the sphere of labor is not exhaustive. Other factors may appear in the legislation that served as the basis for differentiated regulation of labor relations. However, it should be remembered that the emergence of new factors of differentiation should not lead to the emergence of norms that restrict the rights and freedoms of man and citizen in the sphere of labor.

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It should be noted that labor relations modern Russia cover millions of people who differ in their individual characteristics (men, women, minors, disabled people, senior citizens, workers various professions, specialties and various sectors of the Russian economy). There is no doubt that their working conditions also differ (work under normal conditions, underground, in difficult climatic conditions, in highlands, etc.).

Such differences and features of the labor activity of workers must certainly be taken into account in the legal regulation of their working conditions. This is achieved by applying the method of unity and differentiation of labor law norms, from which it follows that legal norms in the sphere of labor are divided into two large groups:

1) general rules applicable to all categories of workers;

2) special norms that apply to certain categories of workers (women; youth; persons employed in certain sectors of the economy; employees of public sector organizations; persons working in heavy and hazardous work; temporary and seasonal workers, etc.).

The unity of the legal regulation of labor relations lies in the extension of the labor law norms to all employees, regardless of the actual working conditions and the personality of the employee. Unity characterizes the general level of legal regulation of labor, relating to all employees. This level of unity is defined by the Labor Code of the Russian Federation (Article 11).

Differentiated norms of labor legislation are reflected in the form of allocation of special chapters in Labor Code RF (for example, chapter 41 “Peculiarities of labor regulation of women, persons with family responsibilities”, chapter 42 “Peculiarities of labor regulation of workers under the age of eighteen years”, etc.).

Features of the legal regulation of working conditions in relation to certain categories of workers can be regulated by special regulatory legal acts of labor legislation adopted at various levels by bodies government controlled and power.

An analysis of labor legislation gives grounds to conclude that the specific ratio of differentiation of labor law norms for certain categories of workers boils down to the fact that special regulations establish:

a) a special, in comparison with the general, procedure for hiring and dismissal;

b) features of the regulation of working time and rest time, benefits and benefits in remuneration;

c) stricter disciplinary and material liability of employees and some other features.

The unity and differentiation of labor law norms is a complex and multifaceted phenomenon. In its most general form, the unity of labor rights and obligations is manifested in the equality of rights and obligations of participants public relations based on an employment contract, regardless of the scope of employment, as well as in the equality of ways to protect their rights and legitimate interests. In turn, the differentiation of labor rights and obligations involves the establishment of differences, exceptions, preferences and restrictions in the legal regulation of labor and other directly related relations of certain categories of workers.

The term “differentiation” itself is not used by the legislator, but differences in the legal regulation of labor relations have always been inherent in labor law.

Labor law is an independent branch of Russian law, which is a system of legal norms connected by internal unity that regulates labor and other relations directly related to them.

The most important feature of modern labor law is its unity, which rests on a number of objective factors. The unity of labor law testifies to the internal, inseparable connection of the entire set of norms regulating social relations in the sphere of labor.

The unity of labor law is based on a single legal framework - the Constitution Russian Federation(Article 37). It is in it that the general principles (principles) underlying the principles of Russian labor law are fixed (Art.

The principle of unity and differentiation: essence and manifestation in the norms of labor law

2 of the Labor Code of the Russian Federation), that is, the fundamental guiding principles that express the essence of labor law norms and the main directions of state policy in the field of legal regulation of social relations related to the use and organization of labor.

The unity of labor legislation is manifested primarily in the fact that the state proclaims for all workers freedom in work, secures for all workers the right to wages proportionate to the quantity and quality of labor expended, the right to rest, to free vocational training retraining and advanced training, association in trade unions, participation in the management of production, material security in old age, as well as in the event of illness and disability, the right to resolve individual and collective labor disputes.

The unity of labor legislation is manifested in the norms that apply to all categories of workers - the so-called general norms of labor law. The general norms of labor legislation “ensure unity in regulating the working conditions of workers, regardless of the branch of labor, the characteristics of various professions, specialties, qualifications, and the characteristics technical organization labor and economic and geographical position of the enterprise”, that is, they apply to all employees, regardless of the place and nature of work, industry, territory in which the organization is located, working conditions, and forms of remuneration.

Labor legislation not only applies to all employees, but also does not leave unsettled any of the significant groups of relations arising from the use of their labor. The emergence, change and termination of labor relations, working time and rest time, labor discipline, remuneration and regulation of labor, its protection and other issues are resolved in their interconnection, on the basis of uniform principles of legal regulation of labor and other relations directly related to them.

Therefore, the unity in the legal regulation of working conditions does not exclude, but, on the contrary, suggests the possibility of separating from unified system labor law norms such that, as scientists note, are called upon, if necessary, to take into account and reflect the peculiarities in the working conditions of workers, depending on the specifics of production, types of labor activity, natural and climatic conditions and other features of the use of labor.

Indeed, the differences in the nature and working conditions of certain categories of workers are so specific that they quite naturally give rise to the need to establish special standards that would reflect this specificity. In this requirement, to a certain extent, an important pattern is manifested, which consists in the impact of law on the basis that gave rise to it. In addition, this requirement is dictated by the interests of ensuring the rule of law in the regulation of labor and other relations directly related to them. And quite rightly notes A.I. Stavtsev that "social protection of the rights of an employee is especially necessary at the first stage of the formation of market relations, because the labor market does not create equal opportunities not only for the realization of the right to work, but also for the long-term existence of the labor relationship that has arisen."

The task of taking into account and reflecting the peculiarities in the working conditions of various categories of workers in different sectors of the economy, as well as in the field of management, is performed by the differentiation of legal norms, which serves as a means of implementing the unified principles of legal regulation, a means of concretizing them in a variety of conditions.

The Dictionary of Labor Law gives the concept of differentiation in labor law as "differences in legal norms due to the place, working conditions, legal status of the organization with which the employee has an employment relationship, gender and age characteristics of the employee and other factors." It is easy to see that the second concept of differentiation emphasizes the sectoral affiliation of the legal norms through which the legal regulation of labor relations takes place. Moreover, in this notion of differentiation is given simultaneously indicative list its grounds - the place and working conditions, legal status organization - the employer, gender and age characteristics of the employee, etc.

A broader and more detailed definition of differentiation was given by F.M. Leviant. By its definition, the differentiation of labor law should be understood as: the division of its norms in accordance with the main types of labor relations regulated by them; division of labor law norms in accordance with the internal gradation of the main types of labor relations, depending on the branch of the national economy, working conditions, the nature of the labor connection of the employee with the enterprise and other features of labor.

An even more general approach to this definition was expressed by I.O. Snigireva, who understands the differentiation of labor law as differences in the content of the legal regulation of the labor of workers and employees of various categories according to certain stable features.

At the same time, the main thing remains in the essence of this type of differentiation, namely: different legal regulation of the labor of workers, depending on their subjective characteristics, must be determined on the basis of such criteria that are necessary for them - gender, age, health status, the presence of children, and not from the specifics type of labor activity, mental or physical labor.

The subjective features taken into account by the legislator make it possible to differentiate the work of individual groups of subjects. Thus, differences in the regulation of labor by age are determined by three large groups: citizens aged 18 years before retirement; teenagers from 14 to 16 years old and from 16 to 18 years old; pensioners. On the basis of gender, the legislator singled out women, establishing benefits for labor protection, pregnancy and childbirth.

Yu.P. Orlovsky, substantiating the objective need for unity and differentiation of labor law, pays special attention to the fact that differentiation contributes to the unity of labor law, and unity creates conditions for the differentiation of legal regulation. Therefore, the inextricable connection between the two sides of the content of the legal regulation of labor - unity and differentiation - not only implies non-opposition of one to the other, but also requires ensuring unity through differentiation, and differentiation through unity.

The grounds for differentiation are objective and subjective factors that require differences in the legal regulation of labor.

Objective factors include:

1) harmfulness and severity of working conditions;

2) climatic conditions of the Far North and areas equated to it;

3) the specifics of the labor connection of temporary and seasonal workers;

4) features of labor in a given branch of production (metallurgy, petrochemistry, etc.);

5) the specifics of the content of the labor function and the responsible nature of the work of temporary, seasonal workers, etc.

Subjective factors include:

1) physiological characteristics of the female body;

2) psychophysiological characteristics of minors;

3) physiological characteristics of people with limited ability to work (disabled people);

4) education of minor children.

In the unity and differentiation of legal regulation, a feature of the method of labor law is manifested.

The forms of manifestation of the social division of labor include differentiation, specialization, universalization and diversification.

Differentiation

Differentiation consists in the process of isolation, "branching" of individual industries, due to the specifics of the means of production, technology and labor used. In other words, it is a process of dividing social production into more and more new types of activity. For example, before the commodity producer was engaged not only in the production of any goods, but also in their sale. Now he has focused all his attention on the production of goods, while their implementation is carried out by another, completely independent economic entity. Thus, a single economic activity was differentiated into two of its varieties, each of which functionally already existed within this unity.

Specialization

Specialization should be distinguished from differentiation. Specialization is based on differentiation, but it develops on the basis of focusing efforts on a narrow range of manufactured products. Specialization, as it were, consolidates and deepens the process of differentiation. In the above example, there was a separation of production from sales (trade). Let us assume that the commodity producer produced different kinds furniture, but later decided to focus on the production of only bedroom sets. The commodity producer has not abandoned the production of furniture, but is reorganizing production on the basis of replacing universal labor tools with specialized ones; work force also selected on the basis of the benefits of experience and knowledge in this special field of activity. Of course, there are many conventions and transitional states, but it is still necessary to distinguish between these two concepts - differentiation and specialization.

Universalization

Universalization is the opposite of specialization. It is based on the production or sale of a wide range of goods and services. An example is the production of all types and types of furniture and even the production of kitchen utensils, cutlery at one enterprise. An analogue of such production in trade can serve as a department store.

As for the concentration of production, it finds its technical manifestation in the ever-increasing concentration of the means of production (machinery, equipment, people, raw materials) and labor within one enterprise. However, the direction of development of production depends on the nature of their concentration: whether it will follow the path of universalization, or - specialization. This is due to the degree of homogeneity of technology and applied technologies and raw materials, and hence the workforce.

Diversification

Diversification of production deserves special attention. Diversification should be understood as the expansion of the range of products. This is achieved in two ways. The first is market diversification. It is characterized by the expansion of the range of manufactured goods, which are already produced by other enterprises. At the same time, quite often the process of such diversification is accompanied by absorption or mergers with enterprises that produce the same products. The main thing is that in this case, as a rule, there is no enrichment of the range of goods offered to the buyer.

The second way is production diversification, which is directly related to scientific and technological progress (STP), with the emergence of qualitatively new goods and technologies. This type of diversification, in contrast to market diversification, forms and satisfies previously non-existing needs or satisfies existing needs with a new product or service. As a rule, production diversification is closely interconnected with the existing production at a given enterprise and grows organically from it.

Within the framework of industrial diversification, one should distinguish between technological, detailed and product diversification. Product diversification is developing on a large scale. So, with the help of the same technological operations, parts, assemblies, components, it is possible to assemble finished products, products that are very diverse in their functional purpose. But this becomes possible only under the conditions of expanding the process of diversification of the production of constituent components of finished products. It was production diversification, as a consequence of scientific and technical progress, that led to a change in the development trends of the general, private and individual division of labor.

Unity and differentiation labor law norms are characterized by the fact that legal norms are divided into two groups: general norms that apply to all workers, and special norms that apply to certain categories of workers (women, youth, seasonal workers, etc.).

The differentiation of labor law norms by categories of workers is expressed in giving them additional rights, benefits and benefits. In a number of cases, differentiation is associated with the need to increase the requirements for the performance of labor duties (transport and aviation workers), with the establishment of a higher responsibility for an offense in the sphere of labor (heads of organizations and their deputies, workers serving material values).

The differentiation of labor law norms is inextricably linked with their unity. It is reflected in special norms by concretizing general norms, supplementing them, and in some cases withdrawing them (persons for whom probation).

Differentiation in the legal regulation of labor is carried out according to the following stable six factors taken into account by the legislator in rule-making:

Harmfulness and severity of working conditions. At the same time, reduced working hours, additional holidays, increased wages have been established;

· climatic conditions of the Far North and areas equated to it;

Physiological characteristics of the female body, its maternal function. The growing social role of the mother in the upbringing of young children is taken into account. The family responsibilities of workers began to be taken into account in accordance with the ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Working Men and Women Working with Family Responsibilities”;

· psychophysiological characteristics of a fragile organism and the nature of adolescents, the need for them to continue their education on the job. Disability, retirement age of the employee are also taken into account. The grounds set forth in paragraphs "c" and "d" are subjective differentiation;

the specifics of labor relations and the nature of work;

· features of labor in this industry, the importance of the sector of the national economy (sectoral differentiation of norms).

Special labor legislation built on the listed differentiation factors. Obviously, special labor legislation reflects the characteristics of labor, both objective and subjective. As already noted, special legislation is intended primarily to ensure the provision of additional benefits to employees. Special rules providing for the provision of additional benefits in comparison with general rules may appear at various levels of legal regulation of labor: federal, intersectoral, sectoral, regional, local and local. While special rules restricting the rights and freedoms guaranteed in general rules can only appear by amending the Labor Code of the Russian Federation and only to achieve the goals listed in Part 3 of Art. 55 of the Constitution of the Russian Federation.

General labor law establishes the fundamental principles of the legal regulation of labor. The general principles that are developed in it cannot be repealed by the adoption of special legislation. Consequently, the general labor legislation establishes a minimum labor rights that are mandatory for all workers without exception. This minimum is defined in the Labor Code of the Russian Federation and other federal laws. Therefore, general legislation can appear exclusively at the federal level.

The principle of unity and differentiation of the legal regulation of labor relations

The principle of unity and differentiation of the legal regulation of labor relations is one of the oldest principles of labor law. This principle, as its name implies, implies a double goal: the establishment of uniform, equal working conditions for all employees and at the same time differentiation of working conditions for certain categories of workers under certain circumstances.

The law provides for the application of the same scale to different people. Therefore, labor law, establishing in its norms uniform rules for all employees for hiring and dismissal from work, working hours and rest time, wages, labor discipline and labor protection, provides all citizens with fair and equal opportunities to earn a living through their work.

The unity of the legal regulation of labor relations means that the norms of labor law establish high level working conditions, they must be observed by all employers who hire workers on the basis of an employment contract.

Such uniform norms apply to labor relations of employees of state enterprises, institutions, organizations, employees of private and collective enterprises, as well as those persons who work under an employment contract for individuals(employers).

The unity of legal regulation is ensured mainly by the norms of the centralized level. In particular, these are the norms of the Labor Code of Ukraine, which are of a general nature, as well as the norms of special laws "On wages" dated March 24, 1995 No. 108/95-VR, "On collective agreements and agreements”, “On the procedure for resolving collective labor disputes (conflicts)” dated March 3, 1998 No. 137/98-BP, etc.

An equally important role in establishing uniform rules for the use of hired labor is played by by-laws if they are adopted in pursuance of the general provisions of certain laws of Ukraine. Such by-laws may be resolutions of the Cabinet of Ministers of Ukraine, as well as acts of the Ministry of Labor and Social Policy of Ukraine. For example, "Instructions on how to maintain work books workers" was approved by order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Social Protection of Ukraine dated July 29, 1993 No. 58.

And not only laws and by-laws achieve the unity of legal regulation of labor relations of employees in Ukraine. IN Lately uniform rules in the field of labor relations began to be adopted at the contractual level. First of all, we are talking about the General Agreement concluded on a tripartite basis between the Cabinet of Ministers of Ukraine, associations of employers and trade unions of Ukraine. The provisions of the Agreement are directly applicable and apply to all entities, regardless of the form of ownership and management, that are within the scope of the parties that signed the General Agreement.

At the same time, labor law cannot but take into account objective circumstances due to the specifics of industries, professional, gender, age characteristics of employees, location of enterprises, etc., requiring a special approach to the legal provision of working conditions. All these circumstances ultimately lead to a violation of the uniform rules governing the use of labor and require the issuance of special rules that adapt general legal regulations to specific working conditions.

In the legal literature on labor law, three areas of differentiation are defined, which depend on: 1) the nature and characteristics of production (industry, inter-industry and local differentiation); 2) gender, age and other characteristics of workers (subject differentiation); 3) location of enterprises, institutions, organizations (territorial differentiation).

All these three factors determine the adoption of special norms regulating the peculiarities of labor relations of civil servants, judges, prosecutors, medical workers, educators, persons under the age of majority, women, disabled people, workers combining work with education, etc. Differentiation is ensured both through the adoption of regulations at the level of laws, by-laws, including departmental acts, and local normative creativity. At the same time, the most optimal combination of the general and the special in ensuring the unity and differentiation of legal regulation using local norms is the development and adoption of exemplary or model normative acts as the basis of local norm-creation.

The principle of differentiation of legal regulation does not contradict what is proclaimed in Art. 21 of the Labor Code of Ukraine to the rule on equality of labor rights of all citizens, regardless of origin, social and property status, race and nationality, gender, language, political views, religious beliefs, type and nature of occupation, place of residence and other circumstances. Special norms adopted in order to ensure a differentiated approach to the regulation of labor relations of certain categories of workers do not at all provide for the creation of any preferential working conditions for them or the provision of additional privileges to them. They are aimed primarily at achieving a balance of guarantees of the labor rights of certain categories of workers in accordance with their working conditions.

To this end, labor legislation provides for the establishment of differentiated rules for regulating labor relations at the legislative level. Yes, Art. 7 of the Labor Code of Ukraine indicates that the specifics of labor regulation of persons working in areas with special natural geographical and geological conditions and conditions of increased health risk, temporary and seasonal workers, as well as workers working for individuals under employment contracts, are established by law. Thus, the legislator excludes in this case the differentiation of working conditions of these workers by departmental or local norms.

The principles of unity and differentiation of the legal regulation of labor relations is one of the characteristic features not only of the labor law of Ukraine, but also of other states, despite the fact that for many of them labor law is considered a separate institution of civil (private) law.

The principle of recognizing the terms of labor contracts as illegal, worsening legal status workers

The last in the list of labor law principles is the principle of recognizing the terms of labor contracts as illegal, worsening the legal position of employees in labor relations in comparison with the normatively established conditions. It is closely related to the previous principles and consists in the fact that those norms are guarantees, state standards in the field of regulation of labor relations, determined at the state level, under no circumstances should they worsen when establishing working conditions at the sectoral, regional and local levels.

Term labor contracts should be considered in a broad sense. These can be both contracts in the truest sense of the word (labor, collective, on full liability), expressed in the form of the contract itself, and agreements regarding working conditions (on a probationary period, on the transfer or movement of an employee on the establishment of part-time work and etc.).

In addition, this principle also applies to acts of local rule-making, which are adopted by agreement between the employer and the elected body of the primary trade union organization or other body authorized by employees. Moreover, it is obvious that acts of a local nature that are adopted by the employer alone or (as it is now provided for the "Internal Labor Regulations") are approved labor collective should also be recognized as illegal in the part that contains norms that worsen the position of workers in comparison with the legislation of Ukraine.

The presence of this principle is an important guarantee of the labor rights of employees (which is especially felt in the transition to market relations) and the establishment of private entrepreneurship in Ukraine, and it is not a secret that there are cases when private entrepreneurs, for the purpose of making a profit, try not to comply with the use of hired labor workers general requirements labor legislation, while worsening the rights of citizens. Such employment contracts should be declared invalid in the part that contradicts the current labor legislation.

The labor legislation of Ukraine does not contain special rules, according to which the terms of labor contracts, which worsen the position of employees, should be recognized as invalid. Therefore, it is often not possible to protect labor rights that are violated. And only in the case of applying to the commission on labor disputes or the court of an employee who believes that there is a violation of his labor rights by the employer, opens up opportunities for assessing the state of the employment contract and invalidating those conditions that worsen the rights of the employee as a participant in labor relations. However, appeals to the labor dispute settlement bodies are mainly only in the case of illegal dismissal of an employee from work, transfer without his consent to another job, non-payment of wages or imposition of a disciplinary sanction. As for the appeal with the aim of recognizing certain conditions of the employment contract as invalid, the judicial practice here is not very rich.