Restrictions in labor law are a universal instrument of labor law

Abstract

The article analyzes the mechanism of action of labor-law restrictions through the binary pair "restriction - guarantee". The author draws attention to the multidimensional nature of this interaction. The groups (effects) of the "limitation-guarantee" mechanism are highlighted. The role of restrictions as a stabilizer of labor and other directly related relations is studied in detail through ensuring the stability of the subject matter, object, existence in time and content of the labor legal relationship. The importance of this function is substantiated in the context of the development of atypical forms of employment, as well as in the context of the existence of "risk and uncertainty". Special attention is paid to the analysis of restrictions as a means of differentiation in labor law and as a way to protect labor rights. The role of restrictions in establishing the procedure for legally significant actions through the regulation of such elements as time, competence, stages, etc. is considered. The article analyzes the function of restrictions as a means of resolving legal conflicts in labor law. The author attempts to systematize the mechanism of influence of restrictions on the process of proof in labor disputes through the presumption and establishment of responsibility without fault. The paper analyzes a wide range of scientific papers and regulatory material and judicial practice. Based on the conducted research, reasonable conclusions are drawn about the main directions of the "restriction-guarantee" mechanism in labor law.