Justness in labor and social security law: between economic efficiency and legal guarantees

Abstract

This article presents the author's analysis of the concept of justice, common in modern economics, and compares it with traditional legal interpretations. The approach of the Indian economist A. Sen was taken as a basis, who connected justice with the problems of achieving real equality and overcoming poverty. The article considers various approaches to the phenomenon of justice. Particular attention is paid to the interpretation of this issue by A. Sen, who is distinguished by its complexity, versatility and focus on practical application. The pluralism of this scientist is due to the fact that justice was interpreted as variable, suggesting the possibility of choosing from several relatively fair options. It was found that A. Sen's approach is not to achieve ideal justice, but to develop criteria that would allow certain activities and norms (including legal ones) to be considered more or less fair. The following are arguments in support of this position. The article concludes that a variable approach to justice is very productive for labor law and social security law. Industry specificity lies in the fact that fairness must be observed at all levels of legal regulation from centralized (legislative and subordinate) to individually contractual.