TYPES OF LAW ENFORCEMENT ACTIVITIES OF THE EMPLOYER

Abstract

The article examines that based on such a criterion as form, the following types of law enforcement activities are distinguished: law enforcement and law enforcement. Law enforcement activity as a separate type of law enforcement consists in the application of dispositions of labor law norms. Law enforcement is implemented through the authoritative activity of competent subjects, during which the labor process of employees is organized and their rights and obligations are specified. As a rule, law enforcement, as a type of law enforcement activity, is carried out by the employer, that is, the owner of the enterprise, institution, organization or body authorized by him. The law enforcement type of law enforcement activity is aimed at protecting the rights and freedoms of participants in labor and relations closely related to them. That is, in contrast to the previous (law enforcement) type of law enforcement activity, law enforcement is related to the consideration and direct resolution of cases that arise not from the lawful behavior of participants in labor relations, but as a result of their violation of the norms of labor legislation, including the provisions of local normative legal acts. In the process of law enforcement, the authorized bodies maintain law and order in the field of labor relations, restore the violated rights of their participants and apply appropriate measures of influence (up to coercion) to subjects who have committed such violations. The article states that the employer is a full-fledged subject of the application of labor law norms. And although his economic power is not always derived from the state (as it is in enterprises, institutions, organizations based on the state form of ownership), this is not a reason to exclude the employer from the circle of subjects of law enforcement activity in the field of labor law. After all, first of all, he (the employer) has the necessary amount of powers that belong to him as the owner (owner) of the enterprise, and allow the application of labor law norms in relation to employees subordinate to him by individualizing these norms in the relevant law-enforcement acts. And secondly, the conclusion that the law enforcement function belongs to all employers without exception can be made based on such features of labor law as its generality and general obligation. That is, if the norms of labor law provide that in the event of a certain case, the employer must make a certain decision and issue it in the form of a corresponding legally enforceable document, then this provision is mandatory for all employers, regardless of whether it operates on the basis of the state form of ownership or private. Except for cases when the labor legislation itself provides otherwise.