PROBLEMS OF REALIZATION OF ADMINISTRATION (MANAGEMENT) FUNCTIONS IN LABOR RIGHTS BY FIXING RIGHTS AND RESPOSIBILITIES OF EMPLOYEES AND EMPLOYERS

Abstract

The analysis of rights and obligations of parties of the employment relationship
(employer and employee) embodied in the labor law leads to the conclusion that currently
there is an imbalance between the number of rights of employee and corresponding
obligations of employer, and the number of the employer’s rights. It has been found out
that there are some cases, when the realization of the employer’s right does not provide
corresponding obligations of the employee, and also depends on its discretion, which
does not allow ensuring in full the implementation of administration (management)
functions in the labor law, aimed at meeting the needs of the employer. There are two
types of rights in the process of work: absolute and relative rights. Among the absolute
rights are rights, the realization of which does not imply any corresponding obligation
on the part of another subject of legal relations. The realization of the rights depends
solely on the authorized entity, as it involves a possible way of acceptable behavior,
including the permission to use this right or not. In most cases, the existence of such
rights is typical for the employer. The relative rights are rights, for the implementation
of which the legislative consolidation of corresponding obligations is necessary, as this
is a prerequisite for their assurance; otherwise these rights acquire declarative nature.
The presence of the rights of the second type is mostly typical for employees.