Common factors of practical implementation of labour law rules: historical and legal aspect

The development of the rules on hired labour can be divided into three periods: imperial, Soviet, and modern. The legislators of a new period broke with the previous labour ideology that was not meeting the needs of society. Despite the historical twists and turns, the history of Russian labour law has uniform systemic features for all epochs. This is true about implementing the law. Among the most significant features of implementing branch rules are: 1. Etatist fundamentals in the minds of Russian workers and employers. The state is thought to be a governing institution with supreme sovereignty in the sphere of labour relations. Powerful paternalism in the regulation of relations with labour was formed during centuries of monarchical statehood, and then by the totalitarian system. The phenomenon of waiting for state regulation explains the cautious local rule-making, low level of development of the social partnership. 2. Indifferentism of the employee and the employer in their attitude to the norms of labour law. Indifferentism to the existing legal regulations, besides the traditional national model of thinking, can be explained by two factors: the employer's and employee's adherence to objective economic interests and the weakness of state oversight. 3. A conscious circumvention of law by the employer. The mechanism of the supremacy of economic needs of the employer over the law manifested itself even in the Soviet period. On the one hand, the state demanded respect for workers' rights; on the other hand, it set economic tasks and a certain level of productivity. The mutually exclusive nature of the requirements, coming from the same subject, led to the formation of a "shadow" sector of the organization's relationship with the employee. In the fight against natural forms of the labour market, the courts even tend to hold the employment contracts invalid. 4. The difficulty of the dialogue between the employee and the employer. At all stages of the industry's existence, class difference and difference of interest entailed the isolation of two strata. Since the days of Medieval Russia, the provision of work has been thought of like a blessing in the spirit of the Roman clientele. 5. Legal illiteracy of the population in labour standards. The factor of non-enlightenment and previously mentioned aspects of labour-legal consciousness have positive feedback. Lack of knowledge about labour law entails neglect of labour regulations and distrust to the counterparty. These patterns above have an anthropological nature and do not fit well into the legalistic model of regulation of labour relations. However, this does not reduce their objective impact on implementing of labour rules. The existence of a system of non-formalized factors of practical labour law should be taken into account by the Russian legislators. They often enshrine all-new labour regulations without taking into account their actual social demand and the availability of mechanisms for further implementation.

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