Legal status and labor legal entity in the science of labor law

Abstract

The article is devoted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods. 
 The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.