Abstract
The article analyzes the issues of individual contractual and judicial regulation aimed at maintaining a balance of rights and legal interests of the employee and employer in hidden labor relations. The points of view of labor law specialists and judicial acts which use the concept “balance of interests” and “hidden labor relations” are analyzed and the scientific approaches based on the legal positivism as well as on the scientifically debatable concept of integrative legal understanding are criticized. From the position of scientifically grounded concept of integrative legal understanding the author’s conclusions and proposals are formulated. Including the conclusion that the balance of rights and legal interests of the employee and the employer is achieved by the legal and individual (contractual and judicial) regulation of hidden labor relations through the application of various forms of national and international labor law.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have