Legal Nature of Guarantees for Employees
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Abstract
Legal nature of guarantees is directly connected with the realization of human rights.
Guarantees of human rights is a complicated, multi-sided phenomenon, their origin is bound up with legal regulations, genesis and recognition, with their protection and assurance of application. Labour law and its guarantees play an exceptional role among human rights. One of the main features of labour law that distinguishes it from other branches of legislation is guarantees of employees. It is possible to balance legal relations between employees and employers only due to these guarantees. Declaration of the rights of employees in international as well as in national documents means nothing unless the law provides for the order of putting them into practice, ways and means of their realization. Some authors consider the rights of employees to belong either to social or economic field of rights, the others think that they belong to common group of social-economic rights. Rights are often identified with guarantees of their realization. However the aim of guarantees is to gain the final result of realization of employees rights and freedoms. Efficiency of employees guarantees will depend on the level of achievement of this aim as well as the quality of the commitments to implement those rights. The level of realization of employees rights as well as all the rest social-economic rights have their own separate features, the main of them is their dependency on the economic achievements and resources. That's why these guarantees aren't examined very thoroughly.
The aim of this article is to distinct guarantees of employees from other human rights. The author analyses not only the legal development of nature of employees guarantees but also their meaning and this classification.
Guarantees of human rights is a complicated, multi-sided phenomenon, their origin is bound up with legal regulations, genesis and recognition, with their protection and assurance of application. Labour law and its guarantees play an exceptional role among human rights. One of the main features of labour law that distinguishes it from other branches of legislation is guarantees of employees. It is possible to balance legal relations between employees and employers only due to these guarantees. Declaration of the rights of employees in international as well as in national documents means nothing unless the law provides for the order of putting them into practice, ways and means of their realization. Some authors consider the rights of employees to belong either to social or economic field of rights, the others think that they belong to common group of social-economic rights. Rights are often identified with guarantees of their realization. However the aim of guarantees is to gain the final result of realization of employees rights and freedoms. Efficiency of employees guarantees will depend on the level of achievement of this aim as well as the quality of the commitments to implement those rights. The level of realization of employees rights as well as all the rest social-economic rights have their own separate features, the main of them is their dependency on the economic achievements and resources. That's why these guarantees aren't examined very thoroughly.
The aim of this article is to distinct guarantees of employees from other human rights. The author analyses not only the legal development of nature of employees guarantees but also their meaning and this classification.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
