The forms of manifestation of the social division of labor include differentiation, specialization, universalization and diversification.

Differentiation

Differentiation consists in the process of isolation, "spinning off" of individual industries, due to the specifics of the means of production, technology and labor used. In other words, it is a process of dividing social production into more and more new types of activity. For example, before the commodity producer was engaged not only in the production of any goods, but also in their sale. Now he has focused all his attention on the production of goods, while their implementation is carried out by another, completely independent economic entity. Thus, a single economic activity was differentiated into two of its varieties, each of which functionally already existed within this unity.

Specialization

Specialization should be distinguished from differentiation. Specialization is based on differentiation, but it develops on the basis of focusing efforts on a narrow range of manufactured products. Specialization, as it were, consolidates and deepens the process of differentiation. In the above example, there was a separation of production from sales (trade). Suppose a commodity producer produced various types of furniture, but later decided to concentrate his efforts on the production of only bedroom sets. The commodity producer has not abandoned the production of furniture, but is reorganizing production on the basis of replacing universal labor tools with specialized ones; work force also selected on the basis of the benefits of experience and knowledge in this special field of activity. Of course, there are many conventions and transitional states, but it is still necessary to distinguish between these two concepts - differentiation and specialization.

Universalization

Universalization is the opposite of specialization. It is based on the production or sale of a wide range of goods and services. An example is the production of all types and types of furniture and even the production of kitchen utensils, cutlery at one enterprise. An analogue of such production in trade can serve as a department store.

As for the concentration of production, it finds its technical manifestation in the ever-increasing concentration of the means of production (machinery, equipment, people, raw materials) and labor within one enterprise. However, the direction of development of production depends on the nature of their concentration: whether it will follow the path of universalization, or - specialization. This is due to the degree of homogeneity of technology and applied technologies and raw materials, and hence the workforce.

Diversification

Diversification of production deserves special attention. Diversification should be understood as the expansion of the range of products. This is achieved in two ways. The first is market diversification. It is characterized by the expansion of the range of manufactured goods, which are already produced by other enterprises. At the same time, quite often the process of such diversification is accompanied by absorption or mergers with enterprises that produce the same products. The main thing is that in this case, as a rule, there is no enrichment of the range of goods offered to the buyer.

The second way is production diversification, which is directly related to scientific and technological progress (STP), with the emergence of qualitatively new goods and technologies. This type of diversification, in contrast to market diversification, forms and satisfies previously non-existing needs or satisfies existing needs with a new product or service. As a rule, production diversification is closely interconnected with the existing production at a given enterprise and grows organically from it.

Within the framework of industrial diversification, one should distinguish between technological, detailed and product diversification. Product diversification is developing on a large scale. So, with the help of the same technological operations, parts, assemblies, components, it is possible to assemble finished products and products that are very diverse in their functional purpose. But this becomes possible only under the conditions of expanding the process of diversification of the production of constituent components of finished products. It was production diversification, as a consequence of scientific and technical progress, that led to a change in the development trends of the general, private and individual division of labor.

The principle of unity and differentiation legal regulation labor relations

The principle of unity and differentiation of the legal regulation of labor relations is one of the oldest principles of labor law. This principle, as its name implies, implies a dual goal: the establishment of uniform, equal working conditions for all employees and, at the same time, the differentiation of working conditions for certain categories of workers under certain circumstances.

The law provides for the application of the same scale to different people. Therefore, labor law, establishing in its norms uniform rules for all employees for hiring and dismissal from work, working hours and rest time, wages, labor discipline and labor protection, provides all citizens with fair and equal opportunities to earn a living through their work.

The unity of the legal regulation of labor relations means that the norms of labor law establish high level working conditions, they must be observed by all employers who hire workers on the basis of an employment contract.

Such uniform norms apply to labor relations of employees of state enterprises, institutions, organizations, employees of private and collective enterprises, as well as those persons who work under an employment contract with individuals (employers).

The unity of legal regulation is ensured mainly by the norms of the centralized level. In particular, these are the norms of the Labor Code of Ukraine, which are of a general nature, as well as the norms of special laws "On wages" dated March 24, 1995 No. 108/95-VR, "On collective agreements and agreements", "On the procedure for resolving collective labor disputes (conflicts) "dated March 3, 1998 No. 137/98-BP, etc.

An equally important role in establishing common rules the use of hired labor is played by by-laws if they are adopted in pursuance of the general provisions of certain laws of Ukraine. Such by-laws may be resolutions of the Cabinet of Ministers of Ukraine, as well as acts of the Ministry of Labor and Social Policy of Ukraine. For example, "Instructions on how to maintain work books workers" was approved by order of the Ministry of Labor of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Social Protection of Ukraine dated July 29, 1993 No. 58.

And not only laws and by-laws achieve the unity of legal regulation of labor relations of employees in Ukraine. Recently, uniform rules in the field of labor relations have begun to be adopted at the contractual level. First of all, we are talking about the General Agreement concluded on a tripartite basis between the Cabinet of Ministers of Ukraine, associations of employers and trade unions of Ukraine. The provisions of the Agreement are directly applicable and apply to all entities, regardless of the form of ownership and management, that are within the scope of the parties that signed the General Agreement.

At the same time, labor law cannot but take into account objective circumstances due to the specifics of industries, professional, sexual, age characteristics employees, location of enterprises, etc., requiring a special approach to the legal provision of working conditions. All these circumstances ultimately lead to a violation of the uniform rules governing the use of labor and require the issuance of special rules that adapt general legal regulations to specific working conditions.

In the legal literature on labor law, three areas of differentiation are defined, which depend on: 1) the nature and characteristics of production (industry, inter-industry and local differentiation); 2) gender, age and other characteristics of workers (subject differentiation); 3) location of enterprises, institutions, organizations (territorial differentiation).

All these three factors determine the adoption of special norms regulating the peculiarities of labor relations of civil servants, judges, prosecutors, medical workers, educators, persons under the age of majority, women, disabled people, workers combining work with education, etc. Differentiation is ensured both through the adoption of regulations at the level of laws, by-laws, including departmental acts, and local normative creativity. At the same time, the most optimal combination of the general and the special in ensuring the unity and differentiation of legal regulation using local norms is the development and adoption of exemplary or model normative acts as the basis of local norm-creation.

The principle of differentiation of legal regulation does not contradict what is proclaimed in Art. 21 of the Labor Code of Ukraine to the rule on equality of labor rights of all citizens, regardless of origin, social and property status, race and nationality, gender, language, political views, religious beliefs, type and nature of occupation, place of residence and other circumstances. Special norms adopted to ensure a differentiated approach to the regulation of labor relations of certain categories of workers do not at all provide for the creation of any preferential terms labor for them or granting them additional privileges. They are aimed primarily at achieving a balance of guarantees of labor rights. certain categories workers in accordance with their working conditions.

To this end, labor legislation provides for the establishment of differentiated rules for regulating labor relations at the legislative level. Yes, Art. 7 of the Labor Code of Ukraine indicates that the specifics of labor regulation of persons working in areas with special natural geographical and geological conditions and conditions of increased health risk, temporary and seasonal workers, as well as workers working for individuals under employment contracts, are established by law. Thus, the legislator excludes in this case the differentiation of working conditions of these workers by departmental or local norms.

The principles of unity and differentiation of the legal regulation of labor relations is one of characteristic features not only the labor law of Ukraine, but also other states, despite the fact that for many of them labor law is considered a separate institution of civil (private) law.

The principle of recognizing the terms of labor contracts as illegal, worsening legal status workers

The last in the list of labor law principles is the principle of recognizing the terms of labor contracts as illegal, worsening the legal position of employees in labor relations in comparison with the normatively established conditions. It is closely related to the previous principles and lies in the fact that those norms - guarantees, state standards in the field of regulation of labor relations, defined at the state level, should under no circumstances worsen when establishing working conditions at the sectoral, regional and local levels.

Term labor contracts should be considered in a broad sense. It can be like contracts in the truest sense of the word (labor, collective, full liability), expressed in the form of the contract itself, and agreements relating to working conditions (on a probationary period, on the transfer or movement of an employee on the establishment of part-time work, etc.).

In addition, this principle also applies to acts of local rule-making, which are adopted by agreement between the employer and the elected body of the primary trade union organization or other body authorized by employees. Moreover, it is obvious that acts of a local nature that are adopted by the employer alone or (as is now provided for the "Internal Labor Regulations") are approved by the labor collective should also be recognized as illegal in the part that contains norms that worsen the position of workers in comparison with the legislation of Ukraine.

The presence of this principle is an important guarantee of the labor rights of employees (which is especially felt in the transition to market relations) and the establishment of private entrepreneurship in Ukraine, and it is not a secret that there are cases when private entrepreneurs, for the purpose of making a profit, try not to comply with the use of hired labor workers general requirements labor legislation, while worsening the rights of citizens. Such employment contracts should be recognized as invalid in the part that contradicts the current labor legislation.

The labor legislation of Ukraine does not contain special rules, according to which the terms of labor contracts, which worsen the position of employees, should be recognized as invalid. Therefore, it is often not possible to protect labor rights that are violated. And only in the case of applying to the commission on labor disputes or the court of an employee who believes that there is a violation of his labor rights by the employer opens up opportunities for assessing the state of the employment contract and invalidating those conditions that worsen the rights of the employee as a participant in labor relations. However, appeals to labor dispute settlement bodies are generally only carried out in the event of illegal dismissal employee from work, transfer without his consent to another job, non-payment of wages or imposing disciplinary action. As for the appeal with the aim of recognizing certain conditions of the employment contract as invalid, the judicial practice here is not very rich.

Smirnov distinguishes three areas of differentiation of working conditions in the norms of Russian labor law: - the nature and characteristics of production (industry differentiation); - gender, age, qualification and other characteristics of employees (subject differentiation); - the location of organizations where joint labor is applied (territorial differentiation) (see Labor Law: Textbook. - M .: "Status LTD +", 1996. - P. 29). V labor law some foreign countries use such a criterion for differentiating the legal regulation of labor as the size of the enterprise, that is, the number of employees in the enterprise. It seems appropriate to discuss the possibility of establishing such a criterion in the legislation of Ukraine. According to paragraph 1 of Article 2 of the Law of Ukraine "On Enterprises in Ukraine" (as amended by

Unity and differentiation of legal regulation of labor

On the conditions of remuneration of persons working in mountainous areas”; Recommendations on the procedure for granting employees with irregular working hours additional annual leave for the special nature of work, approved by order of the Ministry of Labor and Social Policy of Ukraine dated October 10, 1997 No. 7, etc.). In some cases, by excluding the possibility of applying any general norms of labor legislation to certain categories of employees (for example, the rule prohibiting the dismissal of an employee on the initiative of the owner or a body authorized by him on the grounds of reaching retirement age does not apply to civil servants (art.
11 of the Law of Ukraine "On the basic principles social protection veterans of labor and other elderly citizens in Ukraine"), since Art.

Are you sure you're human?

This applies, for example, to the unification of the norms governing wage labor in industry and in agriculture, employees of private and state (nationalized) enterprises. On the contrary, there is a process of rapprochement, unification of the legal status of workers depending on the branch of production, type of ownership, between workers and employees.

Simultaneously with the trend towards leveling the legal status of various categories of employees in foreign labor law, there are, especially in recent times, tendencies towards the strengthening of certain types of differentiation. We are talking, for example, about special regulation of typical employment contracts for temporary workers, part-time workers, homeworkers, etc.

At the same time, the work of such subjects as civil servants requires some more special regulation.

Unity and differentiation in the legal regulation of working conditions

Info

This type of norm is intended to ensure the adaptation of general norms to the specifics labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity.

Attention

Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

Thirdly, among the norms that ensure differentiated regulation of labor, it is necessary to include the norms establishing exemptions from general rules. The establishment of such exemptions is associated with the restriction of the rights and freedoms of man and citizen.
In accordance with Part 3 of Art.

Unity and differentiation in the legal regulation of working conditions. differentiation factors

In turn, the differentiation of labor rights and obligations involves the establishment of differences, exceptions, preferences and restrictions in the legal regulation of labor and other directly related relations of certain categories of workers. The term “differentiation” itself is not used by the legislator, but differences in the legal regulation of labor relations have always been inherent in labor law. Labor law is an independent branch of Russian law, which is a system of legal norms connected by internal unity that regulates labor and other relations directly related to them. The most important feature of modern labor law is its unity, which rests on a number of objective factors.

Unity and differentiation in the legal regulation of working conditions

Important

At the same time, abbreviated work time, additional holidays, increased wages; · climatic conditions the Far North and areas equated to it; Physiological characteristics of the female body, its maternal function. Taking into account the increasing social role mothers in raising young children.

The family responsibilities of workers began to be taken into account in accordance with the ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Working Men and Women Working with Family Responsibilities”; · psychophysiological characteristics of a fragile organism and the nature of adolescents, the need for them to continue their education on the job. Disability, retirement age of the employee are also taken into account.

The grounds set out in s.
of the Law of Ukraine dated February 4, 1998) the following types of enterprises may operate in Ukraine: - a private enterprise based on property individual; - a collective enterprise based on the property of the labor collective of the enterprise; - economical society; - an enterprise based on the property of an association of citizens; - a communal enterprise based on the property of the respective territorial community; - a state-owned enterprise based on state property, including a government enterprise. After all, there is a significant difference in the real mode of work in a small enterprise that employs 3-5 people, and for an individual it can be one employee.
Is it really necessary to conclude a collective agreement here, etc.? In foreign labor law, there is a general trend towards a decrease in differentiation, the leveling of its standards.
Law of Ukraine "On public service» the age limit for public service has been set at 60 for men and 55 for women. That is, we are talking not only about “positive” differentiation (the establishment of benefits, benefits, additional guarantees, etc.), but also about “negative” differentiation (the establishment of certain restrictions, exemptions from the current labor legislation in relation to certain categories of workers).
Differentiation is manifested in the establishment of the features of the admission and dismissal of certain categories of workers; regulation of working time and rest time; benefits and benefits in remuneration; additional grounds for termination of the employment contract; strengthening disciplinary and financial responsibility and a number of other features. An important question is about the criteria for differentiation.
Employment relationship: concept, subjects and labor legal capacity Labor relations are relations based on an agreement between an employee and an employer on personal performance by an employee for a fee labor function(work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of internal labor regulations while ensuring that the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, employment contract. Subjects: employee and employer. The labor legal personality of a citizen is general, arising from the age of 16, when he can independently get a job.
The family responsibilities of workers began to be taken into account in accordance with the ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Working Men and Women Working with Family Responsibilities”; · psychophysiological characteristics of a fragile organism and the nature of adolescents, the need for them to continue their education on the job. Disability, retirement age of the employee are also taken into account.
The grounds set forth in paragraphs "c" and "d" are subjective differentiation; the specifics of labor relations and the nature of work; · features of labor in this industry, the importance of the sector of the national economy (sectoral differentiation of norms). Special labor legislation is built on the above factors of differentiation. Obviously, special labor legislation reflects the characteristics of labor, both objective and subjective.