Labor relations: A perspective in the law of a post-industrial society

Abstract

The article discusses changes in the science of labor law and labor legislation of the Russian Federation in connection with the transition of society to a post-industrial state. The significance of the labor relationship is studied in the aspect of the trend of development of legislation in accordance with the goals and objectives established in Art. 1 of the Labor Code of the Russian Federation. The opinions expressed in the literature about the crisis of the labor relationship are critically comprehended. The author joins the point of view on the need to modernize the labor legislation, but at the same time advocates the preservation of the doctrine of labor law, embodied in the current law, and makes an attempt to prove the expressed opinion. In particular, the most important consideration in this sense is the distinction developed by L. S. Tal between independent and non-independent labor. The Labor Code establishes the backbone concept of an employment relationship and an employment contract based on legal equality. Additional arguments are given in favor of the supported point of view. In the labor relationship, personal dependence is excluded, but since labor is not independent, economic and organizational (subordination) dependence of the employee is assumed. In a welfare state, the dependent subject of relations related to labor must be protected, among other things, by expanding the scope of labor legislation. It is necessary, according to the author, to develop the idea of fair and harmonious labor relations, ─ in accordance with the global trend, including in accordance with the activities of the International Labor Organization, the purpose of which is to promote social and economic progress, improve the welfare and improve the working conditions of people, protection of human rights.