Balancing the interests of the employee and the employer

The article describes the category of “balance of interests” of the employee and the employer. The analysis of judicial acts motivated by the need to observe the balance of interests is carried out. The object of the study was a set of legal norms governing the relationship between the employer and the employee. In the study, the following general scientific methods were used: analysis, synthesis, system-structural. The following specific scientific methods were used: modeling, comparative historical, peer review. The consequences of applying the category of “balance of interests” of the employee and the employer are determined. The authors state that the balance of interests is achieved by means of legal and individual regulators of labor legal relations of the employee and the employer. The article reports the following conclusions. The category “balance of interests” is not legal, but serves as a kind of a social reference point, the goal of legal regulation. “Balance of interests” as a social category must be distinguished from the legal category “balance of rights and legal interests” of the parties to the legal relationship, including labor. This legal category, in the authors' opinion, should be enshrined in legal acts, including the Labor Code of the Russian Federation, and the legal policy of our state should be built on its basis. The balance of the rights and legal interests of the employee and the employer lies in the non-equivalence of counter performance. A feature of labor relations is that one party, the employer, receives benefits incommensurably more than the other, the employee, since the employer clearly has more favorable initial opportunities. This implies additional guarantees and protective measures provided by the state to the employee as the weaker side of the employment relationship. The legal policy of the state should take into account the subject composition of labor relations. Obviously, the risks of negative consequences should not be distributed so that only the employee bears them, since they cannot foresee them when concluding an employment contract. It is necessary to develop and consolidate the legal consequences of the establishment by the law enforcement agency of violations of the balance of rights and legal interests of the employee and the employer. In other cases, such a legal consequence is an individual legal regulation carried out by the court as a manifestation of discretion. This is manifested, for example, in labor disputes about the inadmissibility of the abuse of labor law, which requires additional legal analysis in the context of the topic analyzed in this article.

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