Historical and legal aspects of forming the need for the protection of rights and legal interests of the employer by the norms of the labor law

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The article deals with the history of the formation and development of the Russian labor legislation regarding the protection of the rights and legitimate interests of the employer, with special attention paid to the development of labor legislation during the years of the Soviet rule. Analyzing the main statutory acts in force at different times, the author comes to the conclusion that during almost the entire period of the development of labor legislation before the beginning of the 21st century, all the changes in the labor legislation were aimed at protecting and expanding the rights of workers (the years of the Great Patriotic War, pre-war and post-war time were an exception). It is established that the objective need to protect the rights of the employer arose only at the time of Russia's transition to market relations, the emergence of private property and the emergence of a large number of employers-organizations of small and medium-sized businesses, as well as employers-individuals. It is noted that the protection of the rights and interests of the employer, as one of the objectives of labor legislation, was first declared in the Labor Code of the Russian Federation, the draft of which had been prepared for 10 years and was adopted only in 2002. It is concluded that at present the protection of the rights and interests of the employer is an important task of the development of labor legislation and the formation of law enforcement practice.

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Employer, protection of the rights of the employer, development of labor legislation

Короткий адрес: https://sciup.org/147150168

IDR: 147150168   |   DOI: 10.14529/law170309

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