劳动合同作为一种多重法律结构

N. Getmantseva
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引用次数: 0

摘要

本文探讨了劳动合同作为一种复杂的法律结构所具有的法律特征。需要指出的是,现代条件决定了劳动合同概念设计的新颖性,决定了劳动合同内容的新颖性,决定了劳动合同的特征:人身、组织、财产,这些特征都是劳动关系发展的客观规律所导致的重大变化。劳动合同的内容包括国家(中央)层面规定(确定)的条件:法律、附则和合同(地方)层面规定(确定)的条件:合同当事人在这些法律的基础上,可以在劳动合同中规定、补充或设定的附则。委员会指出,遵守劳动合同当事人的权利和利益是法治的一个组成部分,是维护社会本身的同意,也是为了社会的利益。因此,雇佣合同的内容遵循公法和私法的联系,这些设计是劳动法作为一般法律分支的固有特征。人们认为,劳动合同具有许多特殊性和特征。劳动合同是实现劳动关系主体属性的法律事实。创造一个劳动关系,一个项目的范畴,一个雇佣合同,作为一个范畴的方法,他开始规范它。劳动合同的实体部分主要在与法律直接联系或在其行为下适用。行使这种影响的性质和方式需要研究,因为它与合同法律规定有直接关系。劳动合同的本质是通过劳动关系的建立、变更和终止三个阶段当事人的意志表达自由和形式平等来体现的。由此可见,劳动合同是调节劳动关系的主导的、决定性的手段。劳动合同是双方权利义务的来源。
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Labor contract as a multiple legal structure
The article deals with issues related to the legal characteristic of an employment contract as a complex legal structure. It is noted that the modern conditions dictate the novelty of the very design of the concept and the content of the employment contract and its features: personal, organizational, and property, which are characterized by significant modifications caused by objective laws of development of labor relations. It is stated that the content of the employment contract includes the conditions stipulated (determined) at the state (centralized) level: laws, by-laws, and conditions stipulated (determined) at the contractual (local) level: which by-laws, on the basis of these laws, can be specified, supplemented, or set by the parties in an employment contract. It is noted that the observance of the rights and interests of the parties to the labor contract is an integral part of the rule of law, the maintenance of consent in society itself and for the benefit of society. Therefore, the content of the employment contract follows public-law and private law ties, designs that are inherent and characteristic of labor law as a branch of law in general. It is alleged that an employment contract is endowed with many peculiarities and features. A labor contract is a legal fact that realizes its main property – generates labor relations. Creating a labor relationship – the category of an item, an employment contract, as a category of method, he begins to regulate it. The substantive part of an employment contract is mainly applied in a direct connection with the law or under its action. The nature and ways of exercising this influence require research as having a direct relation to contractual legal regulation. It is concluded that the essence of an employment contract is revealed through the freedom of expression of will and the formal equality of the parties at the stages of the establishment, change, and termination of labor relations. In view of the above, labor contracts are the leading, defining means of regulating labor relations. The employment contract is the source of the rights and obligations of the parties.
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