Julia I. Klepalova
North-Western Branch, Russian State University of Justice, St. Petersburg, Russia, klepalova. firstname.lastname@example.org, https://orcid.org/0000-0003-4842-3531
Abstract. The article examines the concept, meaning and limits of individual contractual regulation of labor relations.
The purpose of the research is to analyze the essence, meaning and limits of individual contractual regulation of labor and other relations directly related to them.
Various research methods from among general scientific ones have been applied, such as dialectics, analysis and synthesis, abstraction and concretization, comparison, etc.
Individual contractual regulation is a method of regulating relations in the labor sphere, carried out by the parties to an employment contract through individual contracts and agreements. It allows you to quickly resolve production issues, taking into account the needs of the employee, caused by family, social circumstances, and also increases the employee’s personal interest in work and its results, with its help it is possible to concretize general norms, taking into account the individual characteristics of each employee. The limits of individual contractual regulation of relations in the labor sphere are the possibilities of regulating labor relations without reducing the level of guarantees established by labor legislation, through the conclusion of individual contracts and agreements.
The author comes to the conclusion that the current labor legislation does not fully meet the current needs and interests of the parties to labor relations and requires changes, including in terms of expanding the scope of individual contractual regulation in the event that private rather than public interest prevails by expanding the scope regulation, but not a decrease in the level of guarantees in the world of work. An attempt is made to identify the trend towards the development of labor legislation to expand the scope of regulation by reducing the mandatory legal regulation, as well as the increasing role of contractual regulation. Presumably, labor law will develop along the path of increasing the flexibility of labor relations, but with the preservation of the social function of labor law.
Keywords: labor contract, agreement, individual regulation, discretion of the parties, limits of contractual regulation
For citation. Klepalova J. I. Limits of Individual Contractual Regulation of Labor Relations. Journal of Russian Law, 2022, vol. 26, no. 3, pp. 101—112. (In Russ.) DOI: 10.12737/jrl.2022.032
Full text in Russian