Nature and content of internal labour regulations as an element of the employer’s economic power

Abstract

Мета статті – розкрити сутність та зміст правил внутрішнього трудового розпорядку як елемента економічних повноважень роботодавця.Abstract. The purpose of the article is to reveal the nature and content of the internal labour regulations as an element of the employer’s economic power. Results . In the article, the analysis of scientific views allows revealing general theoretical approaches to the interpretation of the concept of “internal labour regulations”. The internal labour regulations cannot be reduced to legal relations in the case of individual actors of labour law, moreover, their system, implying these legal relations. The internal labour regulations of any organisation are designed for employees who are not personified, that is, for everyone and not only those who work, but also those who will work in the future. If the internal labour regulations are considered from the perspective of the legal regulatory mechanism, they are part of it as a provision of objective law. In order for a legal relationship to arise, it is necessary to have a certain legal fact, for example, an employment contract, an agreement of a transfer to a branch, a representation, etc. Conclusions. It is concluded that, at the present stage, the internal labour regulations can be considered as a social and legal category based on economic power, the content of which is a set of rules of labour conduct for participants in general labour subordinate to the employer, among which legal rules formulated by the employer and adopted directly by the labour collective, with the participation of its elected bodies or the employers themselves, play a decisive role. Currently, technological provisions, that is, the legal rules of inactivity of technological process are developed, improved and applied by the employer personally. The technological process is closely linked to the protection of employees’ work, and thus to the protection function of trade unions. From this perspective, the participation of trade union bodies, if not in the elaboration of technological rules, then in their application, would seem justified. However, in a market economy and well-understood competition of organisations, the State considers this aspect of the internal labour regulations as a priority for the employer, which ensures mobility and efficiency in the recovery of technology, the technological process and legal rules they mediate.Цель статьи - раскрыть сущность и содержание правил внутреннего трудового распорядка как элемента экономических полномочий работодателя.