Constitutional tort from the labour law perspective

The article analyzes the existing scientific viewpoints on the concept and essence of a constitutional tort (constitutional offense). Based on this analysis, we have made an attempt to identify the correlation between a constitutional tort and the essence of violations of such principles of labour law of the Russian Federation as the prohibition of discrimination and forced labour premised on the basic principles of labour law enshrined in the Constitution of the Russian Federation. Taking into account the constitutional provisions, we come to the view that violation of these basic principles can also be classified as a constitutional tort. It is also noted that the enshrinement of the above-mentioned principles at the legislative level does not mean full protection of employees’ labour rights, since there is no specifications on the procedure for applying specific labour legislation norms that enshrine the prohibition of discrimination and forced labour. It is concluded that it is necessary to improve labour legislation in this field.