Классификация сделок в трудовом праве

Abstract

Transactions are considered as grounds for the emergence of rights and obligations (primarily in civil law). The problem of classification of transactions has not found a comprehensive solution in modern labor law. Modern legal science needs to analyze various classifications of transactions in labor law from theoretical and practical positions. Various classifications of transactions in labor law are analyzed on such grounds as the conditions for their commission, the need for registration, the number of expressions of will, the obligation to commit, the order of formalization of their conditions, functions in the mechanism of individual regulation, the time sequence of their commission relative to the main legal relationship. It is shown that the conditions for making labor and civil law transactions are different, since the former, unlike the latter, are legal facts that affect the content, determination and legal force of the main transaction that arose before the moment of its commission and therefore do not have a probable and accidental character for the parties. It is noted that it is possible to legislate the rules on the implementation by the employer of certain rights under registered labor transactions only after his application for registration and the necessary documents to the appropriate authority. The conclusion is made about the expediency of singling out not only auxiliary, but also basic among unilateral labor transactions. It is determined that the main difficulties of challenging the content of standard transactions consist in the need for a preliminary assessment of the legal force of the acts that approved the specified form. The conclusion is made about the need for further comprehensive research on the classification of transactions.