THE BALANCE OF INTERESTS OF EMPLOYEES AND EMPLOYERS IN THE NORMS OF CONSTITUTIONAL AND LABOR LAW

Authors

  • Mikhail Sergeevich Sagandykov Author

Abstract

The article deals with the issues related to the provision of balance of interests of
employees and employers in labor relations. While providing the balance of interests in
labor law, the peculiarities of labor relations, when the worker is in a dependent position
from the employer, should be taken into account. The means for meeting the interests of
employees and employers cannot be the same. The balance of interests of employees
and employers is directly connected to the need to provide additional opportunities to
the employees.
It is concluded that the law needs more clear rules that would govern the procedure
of granting guarantees and compensations to employees in cases when they should be
determined by the agreement of the parties or the local regulations of the employer. The
law should provide minimum guarantees, which can be applied for by the employee
even in the case of lack of the relevant agreement with the employer or required local
regulations.

Author Biography

  • Mikhail Sergeevich Sagandykov

    Candidate of Sciences (Law), Associate Professor of Labor
    and Social Law Department, South Ural State University, Chelyabinsk, Russian Federation.