The mechanism of legal regulation of employment relations: methodological aspect

Abstract

The article deals with the methodological approaches to the understanding of the category of the mechanism of legal regulation, which are used in the scientific literature. The author emphasizes that the mechanism of legal regulation aimed at the effective implementation of legal norms in life through adequate legal means, that is, reflects its dynamic component. For this reason, it is necessary to study the signs of the mechanism of legal regulation through the prism of its dynamics, since under the conditions of statics the mechanism does not move. The author argues that when studying the mechanism of legal regulation of labour relations it is impossible to clearly adhere to any one of the methodological approaches, the advantage should be given to the application of the so-called integrated approach, which uses the capabilities of both instrumental and systemic approaches. This allows us to characterize the mechanism of legal regulation of labour relations as a whole, as well as to analyze its individual constituent elements, their interrelations and interdependence within the limits of one system.In terms of development of the information society, rapid robotics, considering the need to revise the classical forms of work, while preserving existing standards of decent work and ensuring the human right to work, anthropological approach to the study of the mechanism of legal regulation of labour relations is also of great importance.The author suggests the concept of the mechanism of legal regulation of labour relations as a system of legal means (elements), through which there is a regulation of social relations in the field of employment in order to bring them in line with the state-defined patterns of behavior within the framework of labour relations.Study of the mechanism of legal regulation of labour relations as a certain instrumental system, taking into account the main stages of labor relations, namely their emergence, transformation (change, suspension) and termination, gave rise to distinguish within the general mechanism of legal regulation of labour relations, taking into account the stages of legal regulation, the mechanism of the emergence of labour relations, the mechanism of transformation of labour relations and the mechanism of termination of labour relations