| Abstract [eng] |
Implementation of labour rights and duties is defined as implementation of legal rules under actual legal relationship. Establishing the code of conduct (labour rights and duties) for the entities engaged in labour legal relationship with the help of legal rules alone does not mean implementation of legal rule. Legal rule starts functioning after the appearance of legal fact, in other words, legal rule is implemented as soon as the foreseen situations and circumstances appear therein. Thus, implementation of labour rights and duties is achieved through the following stages of implementation of labour rights and duties: firstly, the very legal rules formulating labour rights and duties should be established; secondly, legal fact should emerge, and natural as well as legal entities should have labour legal capacity, and in this way it comes to legal relationship existing as the result of legal rule implementation. In order labour rights and duties were not only declarative, but also really implemented, it is necessary to guarantee the possibility for labour entities to make use of legal methods for protection of labour rights, where the most important are self-protection of labour rights and protection of labour rights by using competent public or independent institutions. In direct implementation of legal rule various problems are faced in practice: quite often cases are when legal rules are understood differently and subjectively, different legal regulation is established for the same situation, and due to change in life and social behaviour, which is to be influenced, failure in describing all relevant situations in legal aspect, it may happen that some specific situations are not regulated by any legal rule. Specifically for such cases and many other cases, certain rules for implementation of legal rules are foreseen, which ensure an appropriate legal impact on labour relations in forming real behaviour of subjects corresponding to intentions of the legislator. The main groups of the rules for implementation of legal rules, the aim of which is an adequate adjustment of the legislator’s will to specific situation, are explanation, specification, solution of collisions and analogy. |
