{"title":"劳动合同作为一种多重法律结构","authors":"N. Getmantseva","doi":"10.18523/2617-2607.2019.3.49-54","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":34101,"journal":{"name":"Naukovi zapiski NaUKMA Iuridichni nauki","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Labor contract as a multiple legal structure\",\"authors\":\"N. Getmantseva\",\"doi\":\"10.18523/2617-2607.2019.3.49-54\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":34101,\"journal\":{\"name\":\"Naukovi zapiski NaUKMA Iuridichni nauki\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-08-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Naukovi zapiski NaUKMA Iuridichni nauki\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18523/2617-2607.2019.3.49-54\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Naukovi zapiski NaUKMA Iuridichni nauki","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18523/2617-2607.2019.3.49-54","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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.