LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

Abstract

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.