Процедурно-процессуальный правовой механизм охраны и защиты трудовых прав в Российской Федерации

Abstract

Introduction. In the article, the protection of labor rights is considered as fundamental categorie of legal science. The most appropriate labor-legal procedural legal mechanism is proposed. Purpose. Develop a concept for the protection of the labor rights of subjects in modern conditions of differentiation of the labor sphere, the introduction of new forms of employment and organization of labor using digital and online technologies. Methodology. Methods of analysis, synthesis, formal-legal, comparative-historical and comparative-legal, method of interpretation of legal acts are used. Results. Based on the study of the regulatory framework and the works of lawyers, it was concluded that labor protection form independent institution of the branch of labor law, which in itself is law enforcement and human rights. The judicial procedure for the protection of labor rights is established only for individual labor disputes on the application of existing legal norms (disputes about the law). For collective labor disputes, which are disputes on the establishment of new working conditions (disputes of interest), the legislation provides for an exclusively out-of-court settlement procedure. Differentiation of the legal regulation of labor relations is fully characteristic of the protection of labor rights. The sectoral system of protection of labor rights created in Russia is procedural and Judicial procedural which was noted by Professor V.N. Skobelkin, whose theory of the plurality of labor relations allows the withdrawal of procedural and Judicial procedural norms and the formation of a new branch of them - labor procedural law. Conclusion. The growth in the number of norms of labor law and employment law and their deep differentiation allows in modern conditions to return to the discussion about the formation of an independent branch of labor procedural law.