Alexey Petrov 1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Labor Protection in Legal Theory

2015. No. 2. P. 61–75 [issue contents]
The theory of labor law lacks a properly developed conceptual framework for labor protection (definitions and terminology) primarily in terms of international labor law. Besides, a conceptual legal model of labor safety and hygiene is missing. Hence, the author attempts to bridge lacuna in the theory. The methodology of the paper is based on the law as a fundamental regulator of public relations, the doctrineof Russian labor law. The concept of labor protection and hygiene has been presented here not only in terms of international labor law and modern theoretical approaches but the draft of the federal law on Labor Protection and Hygiene. The major conclusions are as follows: the term labor protection did not match ab initio the conceptual idea and purpose, i.e. to contribute to the protection of life and health of worker; the definition of labor protection given in article 209 of RF Labor Code seems inconsistent and incorrect. In terms of the theory of Russian labor law, labor protection should be defined as a system of legal rules regulating social and economic, technical, sanitary and hygiene, therapeutic,rehabilitation and other relations to ensure health and life of worker; the category of labor protection requirements is hardly relevant to Russian law including article 37 of RF Constitution; some definitionsand terms mentioned in federal laws and rules either overlap article 209 of RF Labor Code or do not correspond to it, which determine the problems of their application. In perspective, it would be relevantto carry out their unification. If the Federal law on Labor protection and Hygiene is enacted, section 10 of RF Labor Code may be advised to entitle Labor Protection and Hygiene and attach a new content. Due to this, all legal doctrines (Soviet and Russian) on labor protection require revision.
Citation: Petrov A. (2015) Ponyatie «okhrana truda»:teoretiko-pravovoy aspekt [Labor Protection in Legal Theory]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 61-75 (in Russian)
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