Concept and Legal Conditions for Coordination of Interests of Parties to Labor Relations and State

Abstract

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.