Right to protect labour rights as autonomous subjective labour right

Abstract

In this article in the light of critical overview of legally enforceable enactments and scientific doctrine author gives definition «right to protection of labour rights». It is proved that the above-mentioned right is an autonomous subjective labour right. Author determines a number of elements of the right to protection of labour rights. The subjective right of protection of labour rights may be realized both in public and private law. It should be noted, that the realization of these rights is carried out differently. Author has come to the conclusion, that subjective right to protection of labour rights (1) defines the legal mechanism of labor rights protection, that has the legal instruments of individual, collective, state or international protection; (2) may be realized in the forms, methods, using remedies and applicable law or employment contract; (4) realization of the proposed right should be aimed at restoring or finding violated or disputed labour right at removing obstacles to its realization or to renew the legal status of the victim. The peculiarity of the right to protection of labour rights enables the person to realize the subjective procedural right to defense in case of violation, and this feature corresponds to legal duty of the state or other empowered bodies to carry out legal actions in case of labour rights violation. In other words, the defendant of labour rights can be restricted not only on the basis of unity of will and the expression of will of the worker, but also as a result of implementation of the legal obligation of the state (the competent public authorities, individuals) to such protection guaranteed labour rights without the initiative of the person whose rights have been violated.