О понимании дефиниции «труд» в аспекте эффективной реализации новых конституционных принципов

Вестник Университета имени О.Е. Кутафина. 2024. № 2. С. 109–120.

Batusova E. S.

It is necessary to continue analysis of the new understanding of the definition of “labour” proposed by the author in terms of amendments to the Constitution of the Russian Federation approved during the all-Russian vote on July 1, 2020. The purpose of the article is to develop and formulate an innovative concept of labour for the effective implementation in the future of new constitutional principles, which for the first time in the history of labor law were fixed at the level of the Basic Law of the country. In view of this circumstance it is important to reflect the concept “labour” in the Labour code of the Russian Federation in a broad aspect , and in the legislation of the Federal Act “On Employment in the Russian Federation”, equating the concept of “employment” to the definition of “labour” that will allow to define more clearly the implementation of such constitutional principles as: respect for the labour, respect for man of labour; establishing a minimum wage not less than the subsistence minimum of the working-age population in the Russian Federation; ensuring social partnership. The legal consolidation of the definition of “labour” in a broad aspect will contribute to the development of not only labour legislation, but also the theory of labour law in terms of a correct understanding of the nature of such principles as respect for labour and respect for the man of labour, which, in our opinion, should also be fixed in the Labour Code of the Russian Federation . These principles are undoubtedly cross-sectoral in nature, since they are the basis not only of labour law, but also of civil and administrative law.

Keywords: employment, занятость, Трудовой кодекс РФ, Конституция Российской Федерации, труд, конституционные принципы, constitutional principles, labour, Labour code of the Russian Federation, Constitution of the Russian Federation