Labor law restrictions: the essence, species diversity, place in the system of labor law regulation mechanism

Abstract

The article analyzes the theoretical approach to the concepts of "restrictions" and "labor law restrictions". The author identifies specific features of these terms, accompanying them with doctrinal positions and normative provisions. Both terminological and substantive aspects of the problem are analyzed. The paper examines in detail the question of the place of restrictions as a special technical and legal technique among the "tools" of the method of the branch of law and their relationship with such classical means of legal regulation as permission, obligation and prohibition. Special attention is paid to the study of the sectoral features of labor and legal restrictions (a special way of external expression, subject composition, purpose, mainly unidirectional character, binary pair "restriction-guarantee") and special emphasis is placed on their social-partner character, manifested mainly in the order of their consolidation. Each of the signs is accompanied by examples. The forms of labor and legal restrictions at each of the levels of legal regulation, namely centralized, collective-contractual and local, as well as individual-contractual, are disclosed in detail. The work contains the author's classification of restrictions in labor law. In addition, the article offers reflections on the problem of the nature of an individual employment contract, and also gives the author's assessment of the expansion of the powers of the Government of the Russian Federation to introduce labor and legal restrictions as a "special measure in the field of economics." The article also suggests the author's definition of the concept of "restriction". The paper analyzes a wide range of scientific papers and regulatory material. The author's approach is expressed on each of the debatable issues. Based on the conducted research, reasonable conclusions are drawn.