CRITERIA FOR DISTINGUISHING FORMS OF PROTECTION OF LABOR RIGHTS OF EMPLOYEES

Abstract

The article is devoted to the study of forms of protection of labor rights of employees in a holistic protection mechanism. The conceptual idea of the article is that the protection of labor rights of employees as a holistic legal mechanism is implemented in the active actions of authorized entities, where preventive measures to prevent violations of labor rights are a necessary component of the protection of labor rights of employees as a whole. Such a legal mechanism functions (should function) not only in cases of violation or challenge of rights, but also at the stage of the employee's realization of his rights in the labor sphere, both individual and collective. The jurisdictional and non-jurisdictional forms of protection of labor rights are characterized. It is argued that the form of protection of labor rights should be understood as a way of organizing normatively established and legislatively regulated actions aimed at recognizing or restoring disputed or violated labor rights and legitimate interests of employees. In essence, the form of protection of labor rights as a legal phenomenon is a collective concept in which its elements are combined into a homogeneous subject that characterizes a single whole. The opinion is that jurisdictional and non-jurisdictional forms of protection of labor rights of employees have the following main criteria for differentiation: 1) uniformity of the powers of the institution that resolves the labor dispute; 2) the legal nature of the protection of labor rights (normative and contractual). It is separately emphasized that the contractual nature of non-jurisdictional forms of protection, in particular in terms of alternative forms of protection of labor rights, despite the positive impact on the holistic legal mechanism for the protection of labor rights of employees, requires special attention from the state to determine the legal conditions under which such forms of protection can be applied. The role of the state in regulating the legal conditions for the application of alternative forms of protection of labor rights of employees is determined by the need for the state to ensure the functionality of the protective function of labor law.