THE LEGAL CATEGORY OF "JUSTICE" IN LABOR RELATIONS

The article aims to identify and analyze the manifestation of the legal category "Justice" in labor relations. The research employs legal analysis (examination of regulatory legal acts), a formal legal method (development of new legal constructs), and an analytical method (analysis of court decisions). The main conclusion is that if the employer fails to comply with labor laws, they will gradually become the weaker party in the labor relationship. To avoid this, employers should cultivate the image of a conscientious employer capable of bringing justice into labor relations. Results indicate that justice is not a legal regulator but a moral category that may or may not be reflected in legal norms. When interpreting labor law norms based on the principle of justice, courts effectively alter the content of these norms and compel legislators to regulate labor relations differently. If legislators disregard the alignment of laws with justice, judges may refuse to comply with unjust laws. This study can serve as a foundation for further research into the legal phenomenon of the conscientious employer and the influence of justice on law enforcement practices in labor relations.

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Publication Details

Journal
Revista do Curso de Direito do UNIFOR
Published
2025-04-06
DOI
https://doi.org/10.24862/rcdu.v16i1.2167
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

THE LEGAL CATEGORY OF "JUSTICE" IN LABOR RELATIONS

Svetlana Agafonova, Apollinariya A. Sapfirova, Tatiana Leonidovna Adrianovskaya
Revista do Curso de Direito do UNIFOR
Legal and Policy Issues
article

THE LEGAL CATEGORY OF "JUSTICE" IN LABOR RELATIONS

Svetlana Agafonova, Apollinariya A. Sapfirova, Tatiana Leonidovna Adrianovskaya
article en

Abstract

The article aims to identify and analyze the manifestation of the legal category "Justice" in labor relations. The research employs legal analysis (examination of regulatory legal acts), a formal legal method (development of new legal constructs), and an analytical method (analysis of court decisions). The main conclusion is that if the employer fails to comply with labor laws, they will gradually become the weaker party in the labor relationship. To avoid this, employers should cultivate the image of a conscientious employer capable of bringing justice into labor relations. Results indicate that justice is not a legal regulator but a moral category that may or may not be reflected in legal norms. When interpreting labor law norms based on the principle of justice, courts effectively alter the content of these norms and compel legislators to regulate labor relations differently. If legislators disregard the alignment of laws with justice, judges may refuse to comply with unjust laws. This study can serve as a foundation for further research into the legal phenomenon of the conscientious employer and the influence of justice on law enforcement practices in labor relations.

Revista do Curso de Direito do UNIFORVol. 16(1)
Kuban State University (RU), Kuban State Agrarian University (RU), Systems, Applications & Products in Data Processing (United Kingdom) (GB)
Openalex Percentile: Top 83%
Legal and Policy Issues
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