ABUSE OF RIGHTS IN LABOR LEGAL RELATIONS

Abstract

The relevance of the presented issues is obvious and due to the complexity and relative novelty of the analyzed legal categories. Abuse of subjective law is one of the most interesting legal concepts, the knowledge of which is associated with some difficulties. The main difficulty lies in the rejection or denial of the existence of abuse of law as a legal phenomenon. There is no direct indication in the labor legislation on the inadmissibility of abuse of rights by the subjects of labor relations, which poses a real threat to their stable development. Thus, the uncertainty of labor law creates not only the possibility of abusers of unjustified advantages over other entities, but also the possibility of unpunished acts to meet their own needs (while harming others) or contempt for the rights and legitimate interests of others. These factors determine the relevance of the topic of the study. Of course, in order to combat the abuse of rights by employees and employers, as well as to give courts the opportunity to make fair court decisions based on the law, it is necessary to legally enshrine the principle of inadmissibility of abuse of rights in employment. To do this, it is necessary to include a rule that would prohibit the actions of participants in labor relations that harm the rights and legitimate interests of others. It is also necessary to specify the responsibilities of the employee and along with the requirement of conscientious performance of duties imposed on the employee by the employment contract, it is necessary to include the requirement of conscientious realization by employees of the rights provided by applicable law.