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Понятие и правовые условия согласования интересов сторон трудовых отношений и государства
The task of labor legislation stated in Article 1 of the Russian Labor Code is to create the
necessary conditions for achieving optimal coordination of the interests of the parties to
labor relations and the state is not disclosed in detail anywhere else in the Code. There is
no analysis of the mechanisms maintaining such coordination in doctrine. Based on the
application of a set of methods of academic knowledge (analysis, synthesis, induction,
deduction, generalization), concept and legal conditions for coordinating interests of the
parties to labor relations and the state are considered. The conclusion is substantiated that one of the conditions for achieving optimal coordination of the interests of the parties
to the employment relationship is to achieve a balance of interests of employees and
employers, without skewing in any direction. It is proved the term «balance» (instead of
term «optimal coordination»). It more accurately reflects the essence of the relationship
between the state, employers and employees, and highlights the asymmetry of the
parties.
At the same time «balance» does not
replace, but complements the concept
of «optimal alignment», making it more specific and applicable. Based on methods of
scholar thought, it is proved the balance mentioned should be understood as achieved
and used balance of interests of employees, employers and the state, regulated by the
norms of labor legislation at current stage of development of labor law. At the same time,
interests are taken into account in certain parts, regardless of the equality of subjects.
There are five groups of conditions for maintaining a balance of interests between the
parties of labor relations and the state: principles and basic conditions of interaction
between the parties; regulatory conditions of labor law; procedural conditions; material
and economic conditions; institutional mechanisms of cooperation. The conclusion
is substantiated the basic legal conditions for achieving optimal coordination of the
interests of the parties to an employment relationship form a multidimensional system
combining regulatory, procedural, material, economic and institutional elements.
The systemic unity of these conditions is manifested in their complementarity. The
procedural neutrality is enhanced by the economic justice, and institutional instruments
guarantee their implementation. Together, they are transforming the conflict-prone
nature of labor relations into a constructive dialogue ensuring not only the current
alignment of interests, but also the adaptation of the whole system to the dynamics of
socio-economic changes.