On Issue of Individual Treaty Regulation in Employment Relation: Essence, Value and Limits of Realization
Some aspects of individual treaty regulation in employment rеlation are considered in the article. The aim is to identify dynamics of changing in essence and framework regulation of employment and other linked relation, as well as analyzes of individual treaty regulation essence of specified relations. Different scientific research methods, such as dialectic, analyzes and synthesis, abstraction and concretization are applied in the article. Sharing such categories as individualization of treaty conditions and concretization as a means of juridical technique with reflecting its correlation are given in the article. Examples include expansion of individual treaty regulation in different areas of employment relations. The major bias towards individual treaty regulation in employment relation with some category of employees is noted in the article. They include individuals employed by persons. At the same time, the legislative strengthening of the role of the employment contract in relations with employers is evaluated. Thus, the meaning of an employment contract consists in the special regulating nature of the employment relationship in relation to the actual social relations. In this sense, the legal relationship acts as an active component of the mechanism of legal regulation, which is filled with a certain content of subjects of law, taking into account specific circumstances of life. Individual treaty regulation in employment relation should be maintained with meeting the requirements and limits in order to avoid adverse impact for the parties such as violation of balance in rights and interests, disempowerment of employee’s right.