The need for urgent creation new Labour Code: idea fix?

Abstract

The article briefly analyzes the current situation in the legal regulation of labor relations in
connection with repeated statements about the need to radically change the mechanism of
this regulation. The author substantiates the position that labor legislation should contribute
to the solution of many goals set by the state. However, it should not change the principles
and established mechanisms of legal regulation in the field of labor. It is specified that the
state of labor legislation and its application is an indicator of the civilization of society and
directly affects its morality, the efficiency of its economy. The adoption of the Labour Code of
the Russian Federation in 2001 did not put an end to the i in the regulation of relations in the
field of labour. Accordingly, and subsequently it will be amended and supplemented. But it is
also clear that every new generation of politicians and managers should not write their own
code. The lack of stability in the system of legislation cannot positively affect the economy and
policy of the social state. This stability and predictability also affect the investment attractive-
ness of the economy. It is necessary to clearly separate the two questions: “do we need a new
Labor Code?” and “is Labor Law reform necessary?”. These are two different approaches to
the problem. The article touches on some issues that urgently require discussion and solution. These include, in particular: flexibility or rigidity in labor relations; the share of remuneration in the gross domestic product of the country; the effectiveness of the social partnership system; the need for legal experiments; the inadmissibility of abuse of law; the problem of differentiation of labor and civil law; optimal coordination of the interests of the parties to labor relations; remote labor; improvement of mechanisms for resolving labor disputes. The author warns against rash attempts to change fundamental approaches in the legal regulation
of public relations, including attempts to write a completely new Labor code.

Keywords:

wage labor, legal regulation in the sphere of labor, decent work, distance labor, social partnership, labor disputes