СОЧЕТАНИЕ ЧАСТНОПРАВОВЫХ И ПУБЛИЧНО-ПРАВОВЫХ НАЧАЛ В ПРОЦЕССЕ РЕАЛИЗАЦИИ КОНСТИТУЦИОННЫХ ПРИНЦИПОВ В СФЕРЕ ТРУДА

Abstract

The article considers the problems connected with realization of constitutional principles of regulation of labor relations. The specific features of realization are caused by a private-public nature of the labour field and the combination of public and private interests in the relationship between an employer and an employee. It is necessary in every constitutional principle to single out private and public law aspects. It is emphasized that constitutional principles of the labour regulation should not be divided into the realized ones through public or private rules of law. The content of the same constitutional principle enables one to realize it both in private and public relations through mandatory and dispositive rules of the labor law. The constitutional principles help to define the limits of state intervention in the process of legal regulation of private relations between employees and employers. Today the legislator has to give a clear definition of the balance of public and private interests in the labour sphere.