The features of legal person law in labor law
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
The paper considers the issue of the definition of subjects of labour law relations, in particular, legal entities as subjects of labour law. The institute of legal entity from the point of view of the theory of fictions is rather actual for labour law, particular as to definition of legal personality of an employer. The issue that caused the study of this matter is a fictitious nature of the existence of a legal entity in labour law relations and their equating to the body that only present the interests of a legal entity (director, manager etc.). The status of subjects of labour law in different aspects was researched by such scientists as M. G. Alexandrov, B. K. Begechev, V. S. Venedictov, M. A. Drachuk, S. I. Kohushko, L. V. Kotova, V. V. Lazor etc. However, the issue of research of a legal entity as s subject of labour law is presented rather partially. The purpose of the paper is a research of the features of a legal entity as a subject of labour relations. In the frameworks of the study the following conclusion has been made: a subject of labour law from the side of an owner is not a person authorized by him (that is an employee), but an enterprise, institution, organization. A legal entity itself bears a responsibility to pay a remuneration to an employee for his work and property claims are made to them in case of any grounds. Another subject of labour law that is paid attention to in this paper is a labour group, which is directly linked to a legal entity. A labour group is created by employees of an enterprize, institution, organization for protection of their rights and legal interests. To fulfil its functions a labour group creates its own bodies: a council of labour group, trade union, strike committee, burlaw court. Accordingly, all of them are subjects of labour law.
Authors and Affiliations
А. А. Пилипенко, Ю. С. Романенко
Keywords
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