title: Fundamentals of the formation of the function of social solidarity and compromise of labor law in Russia
metadata.name: dc.contributor.author
metadata.value: Ivanchina, Yulia V.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2022-12-01T14:17:51Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2022-12-01T14:17:51Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2021
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/38630
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: During legislative reforms, due to changes in society and the economy, the importance of the
  main categories of the law and its branches increases. Analysis of the functions of law makes
  it possible to reveal the true picture of the legal system and its branches. Labor law, one of the
  main branches of the legal system, is also changing. This has led to attention to the functions
  of labor law, including the function of social solidarity and compromise. The purpose of this
  function is to meet the socially significant needs of employees and employers representatives.
  Today, their role in the legal regulation of labor is significantly increasing. A retrospective
  analysis of the formation of this function was made taking into account the theory of needs.
  The paper concludes that the function of social solidarity and compromise began to form after
  the main functions of labor law: of guarantee and security, of administration (management),
  of social peace, after the abolition of serfdom and the emergence of a free labor force in Russia.
  The legal acts and literature analysis allowed to conclude that this process did not receive a logical end either before the 1917 revolution, or after it. It is impossible to talk about the
  final formation of this function in the pre-revolutionary period, since workers and employers
  did not understand the need for solidarity to protect their interests, as well as the essence
  of compromise as the best basis for the development of the relationship between labor and
  capital. After the revolution of 1917, this process did not receive an end, since the Soviet government
  from the first days and throughout the entire period of the USSR existence endowed
  the trade unions with unusual powers. The issues on which the trade unions had the right to
  make decisions did not correspond to their socially significant needs, the satisfaction of which
  is aimed at the implementation of the function of social solidarity and compromise, which
  led then to the manifestation of dysfunction. Exploring the dynamics of the development of
  labor legislation, the author comes to the conclusion that it is possible to speak about the full
  formation of this function only from the end of the 20th century. The impulse for this was not
  only the transition to a market economy, but also the removal from the competence of trade
  unions to resolve issues that are not inherent in their nature. This was reflected in the adoption
  of a number of laws that meet the socially significant needs of workers and employers acting
  through their representatives.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Russian Journal of Labour & Law;Volume 11
metadata.lang: -
metadata.name: dc.subject
metadata.value: function of labor law
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: function of social solidarity and compromise
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: employee representatives
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: trade union
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: employer representatives
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: social partnership
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Fundamentals of the formation of the function of social solidarity and compromise of labor law in Russia
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 101-114.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/38630/1/101-114.pdf
resources.format: Adobe PDF
resources.size: 686,37 kB