| Abstract [eng] |
Labour Law regulates two kinds of public relations. The public labour relations in which the workforce has a direct influence to its owner in the process of employment, belongs to the first group. The other group of the public relations is closely associated with the labour relations: the two may coexist, the former may be the assumption of the latter, or may emerge from the latter. Taking into account the present market conditions, the area regulated by Labour Law will undoubtedly need to be expanded in order to ensure the labour and social security. Labour Code is an applicable subsidiary to the public service relations that are the object of Administrative Law. It is applied in the fields of labour relations and social security up to the point where it is not regulated by the Public Service Law. The main object governed by Labour Code is the legal labour relations that are based on the employment agreement, according to which one party (the employee) carries out the work-related activities obeying to the established work rules, and the other party (the employer) creates the work place as set forth in the employment agreement, guarantees the employment conditions required by labour laws, the collective agreement as well as the individual contract signed by the two parties, and pays the salary. Labour Code also governs the public relations in which labour process; its various ways of expression and purpose are not applied. Labour Law creates bipartite relations between the employee and the employer, who have a work capacity and capability that makes them subjective to the law. The essence of labour relations is formed by the activity of the two parties that act according to their subjective rights and obligations. The essential rights and obligations are subdivided into the employee’s obligations to fulfill his/her job and to obey to the work order, and the employer’s obligations to employ the person, guarantee appropriate working conditions, and pay the agreed salary. The employment contract is the juridical fact which serves as the basis of creating the labour relations; it is described as the agreement between the employee and employer and is considered to be concluded when both parties have agreed on the essential provisions of the agreement. Labour Code provides an opportunity to govern labour relations taking into account such objective and subjective factors as the field of the economic activity, specific production conditions and the psycho-physiological qualities of employees. The differentiation between labour relations and some of the civil relations in which workforce is employed is important in terms of law, employee’s labour and social security and income taxation. The method of Labour Law regulation can be characterized by the features of normative and contractual regulation. The basis of the Labour Law system is the object and the method of Labour Law. |
