About intersectoral relations in law: Some aspects of the categorical apparatus

Abstract

The problem of legal facts is little studied in the science of domestic labor law. In particular, the problem of an employment contract as a complex legal fact by its nature needs additional analysis, and it is impossible to recognize as satisfactory the formulation of the question of transactions in labor law, and their essence and place in the system of legal facts. This article argues for the idea of the existence of an employment contract as a source of subjective rights and obligations of the parties, and of different industry affiliation. Unlike other legal facts, an employment contract, along with such legal facts as unilateral transactions, management acts, and judicial acts, has a unique ability not only to give effect to the rights and obligations set out in the dispositions of legal norms, but also to generate subjective rights and obligations of the employee and employer itself. In addition, the question is raised about the possibility of an employment contract as a source of objective labor law. This is due to two kinds of factors: like the so-called “absolute legal relationship” by virtue of the current employment contract, no third party has the right, under pain of legal liability, to hinder the parties in their actions to implement the rights and obligations assumed; in addition, the system of employment contracts is one of the factors in the formation of the internal legal order of the organization. The problem of transactions in labor law is subjected to special consideration. The interpretation of labor law transactions as a generic category is proposed, generalizing unilateral labor law transactions and labor contracts as varieties.