Garashchenko L. P.

Garashchenko L. P. The theory of labor relations in the legal science

In Western legal science there are different theories in the study of the labor market and labor relations. One of them is the theory of the standard employment relationship (abbreviated SER), which is the result of the historical development of Western society and has certain peculiarities of legal regulation of labor relations, which have been reflected in national legal systems. The standard employment relationship, or standard employment have proliferated in most industrial economies during the greater part of the twentieth century. The development of mass industrial production and conveyor technology were demanding exactly such form of work and employment.

Traditionally, the term “standard employment relationship” (SER) meant “stable, socially protected, dependent work, that was being performed during a full working day, the main terms of which were: working hours, wages, social benefits, and that was regulated by the collective agreement, norms of labor law and/or social security law.” The model of the relationship between employer and employee, which came into legal registration in the employment contract concluded for an indefinite period, dominated in foreign countries up to the 70s of the XX century.

Changes in the economy and the emergence of new forms of employment resulted in the removal of barriers to trans-national mobility of goods and capital and increasing of globalization of economy. These processes led to the crisis of the theory of standard employment relations. Quantitative and qualitative growth of atypical forms of work took place in Western Europe and the United States in the 70s of the last century, but the recognition of the existence of non-standard employment relations occurred only in the late 1990s – early 2000s in the normative acts of the International Labour Organisation.

The reflexive labour law theory, which was developed by Professor Ralf Rogowski and Ton Vilthahen who explore trends in the sphere of labor and labour law from the perspective of the modern theory of social systems, is considered.

Keywords: standard labor relationships, employment contract, non-standard employment relationships, reflexive labor law.

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