STANDARDS IN LABOR RELATIONS: SOME ASPECTS OF THEORETICAL AND LEGAL ANALYSIS

Authors

DOI:

https://doi.org/10.52026/2788-5291_2022_69_2_116

Keywords:

Labor, standards, employment, employment contract, employee, employer, atypical labor relations

Abstract

Legal regulation of non-standard forms of labor relations and the choice of an effective strategy to ensure the right to decent work is an important task both at the international and national levels. Understanding the fact that the share of pure labor relations that exist within the framework of specific standards is rapidly decreasing is the first step towards moving away from some of the axioms fixed, but outdated today in labor law.

The article provides a theoretical and legal analysis of standards in the field of labor relations within the framework of an employment contract and the possibilities of their atypical manifestation in modern conditions. The authors also attempted to show that deviation from standards in the modern world is a normal phenomenon that only requires the development of new effective legal frameworks and social guarantees.

Based on the theoretical studies carried out, the authors concluded that the standards in the implementation of labor relations within the framework of labor contracts can still be brought under the established characteristics and their atypical manifestation within the framework of an employment contract can be called non-standard, then in the framework of the implementation of new forms of employment, the term "non-standard forms" may not be applicable. The spread of new forms of employment, and organization of labor activity in modern conditions is so diverse and dynamic that an attempt to standardize and unify the criteria for employment as such is not advisable.

 The methodological base of the study was based on a structural analysis of the doctrinal developments of scientists, a systematic approach to the study of both theoretical and international normative practice.

Published

30.06.2022

How to Cite

Kaishatayeva А. К., & Bayazitova Р. Т. (2022). STANDARDS IN LABOR RELATIONS: SOME ASPECTS OF THEORETICAL AND LEGAL ANALYSIS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(69). https://doi.org/10.52026/2788-5291_2022_69_2_116