Винятки та виключення у поширенні сфери дії норм трудового права

The author concluded that labor law exceptions concerning a specific norm-rule can be defined as: (1) exclusion from the rule; (2) additions to the rule. The first is certain, so to speak, “deviations” from the typified requirements of a normative nature, that is, they are exceptions to specific imperatives provided for by current legislation. Exclusion norms, so to speak, “exclude” from the action of the general rule certain subjects of specific social relations that fall under the jurisdiction of this rule. Additions to the rule establish a slightly different line of regulation of a certain issue, but without replacing the general meaning of the norm-rule. Exceptions-supplements are exceptional rules that expand the content of the main norm-rule, extending only to individual specialists who have sufficient practical experience and successfully fulfill the tasks and responsibilities assigned to them in full, as well as have an appropriate recommendation from the certification commission. Exceptions and rules cannot be independent of each other, since exceptions appear based on rules and exist at the expense of rules: as long as there is a rule, there is an exception. It is not correct to speak of the simultaneous action of the rule and the exception, because it is impossible to separate the part from the whole. The phenomenon of exceptions is precisely that it is generated from the rule and operate within the framework of the rule while establishing a different version of legal regulation from the one that was adopted. Exceptions in labor law are provisions established at the legislative level that allow an alternative course of conduct. The exception norm is always associated with the rule norm, and therefore they are paired categories, which is determined by their mutual dependence because exceptions can only be from rules. Exceptions in labor law are correlated with the main provision and can be either exceptional cases/conditions or additions. Exceptions “exclude” certain subjects subject to jurisdiction from the rule, establishing exceptional conditions of legal regulation, and additions establish additional conditions that allow departing from the rule and implementing another course of conduct. Exceptions in labor law are a tool of labor law because they are a special method of legal technique, a means to improve lawmaking, optimize law enforcement, and ensure the effectiveness of labor law norms as a whole.