Legal Structure of Transactions in Labor Law

Abstract

In contemporary doctrine an insignificant part of the works is devoted to the issues of transactions in labor law. At the same time, the current legislation and judicial practice increasingly use the concept of “invalid employment contract” and even allow the application of regulatory provisions on civil transactions to it. Based on the general theoretical doctrine of legal facts, the author studies the theory of transactions in labor law through the prism of the concept of “legal composition”, the elements of which are objective (content and form of transactions) and subjective (subjects of transactions in labor law, their will). The conditions are highlighted in the content of transactions that allow them to be assessed for the needs of theory and practice — qualifying, individualizing and proactive. In addition, a comprehensive research assessment of the principles of legality, the actual possibility of execution and certainty in the content of the transaction allows the author of the article to come to the conclusion that in labor law they have their own content. Due to the obvious subjective orientation, moral and ethical provisions are not considered as sources to which labor transactions must correspond. The doctrine of the form is characterized by many sources of its regulation, insufficient research of non-traditional forms and legal consequences of its non-observance. By the form of a labor transaction, the author of the article understands a permitted way of expressing the will of subjects, as well as a legal institution (in the form of a set of general and special norms of law that establish requirements for the external procedure for fixing this legally significant act of behavior in the social and labor sphere). The paper investigates the problematic aspects of the ability to deal (as a special type of labor personality), identifies such aspects as general, special and individual. Since the will of a legal entity when concluding a labor transaction is actually expressed by a person acting on its behalf, the author notes that it is advisable to foresee the consequences of exceeding or lacking the powers of officials when concluding labor transactions. The strong-willed component of transactions is expressed in the system of needs, interests, motives and goals of the parties to the transaction, which together are of particular importance in assessing the regulatory power of the transaction.