The minimum wage as a socio-legal institution: theoretical foundations and practical implementation

Abstract

The article studies the socio-legal nature of the minimum wage as one of the most important elements of the remuneration system. In historical retrospect, the author of the article analyzes the development of labor legislation on the issues of defining the concept of "minimum wage" and the procedure for establishing it. Particular attention is paid to the analysis of law enforcement practice, including the positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation on the exclusion of certain types of payments made by the employer in favor of the employee from the minimum wage. The article examines legal inconsistencies and gaps stemming from the ambiguous interpretation of existing labor laws regarding the determination and structuring of the minimum wage. The absence of clear legislative provisions addressing conflicts that frequently arise in judicial practice creates significant risks for the protection of employees' labor rights and contributes to disputes between parties in labor relations. Based on the results of the study, the author substantiates the need to improve labor legislation in order to eliminate contradictions, increase the transparency of legal regulation of the remuneration system and ensure social justice.