Annotation:
In this article, the authors consider the features of the scope of application of labor legislation. The
authors note that the extent to which the norms of labor legislation apply to different types of labor relations
varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the
settlement of labor relations of various categories of citizens, becomes relevant.
The purpose of this article is to address issues related to the scope of application of labor legislation.
In this study, the methods generally accepted in the legal science and the science of labor law is used.
Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method
of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the
formal legal method of scientific knowledge.
The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well
as the circle of subjects to which its norms apply.
The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the
sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those
relations concerning the exercise of the right to work that arise on the basis of an employment contract.
The authors come to the conclusion that labor legislation regulates not only labor relations, which are
the subject of labor law. It also regulates certain other types of employment relations in cases where this is
expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other
types of labor relations only within the limits defined by a special law.
Labor legislation does not apply in cases where the work is performed by an individual – a business
entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in
cases where an individual performs the duties of a member of the supervisory board of a joint-stock company,
the executive body of a business company, or other relevant management bodies of legal entities; if these duties
are performed on other grounds than an employment contract, and if an individual performs the duties under a
civil contract providing for the performance of certain work in favor of the other party to the contract.
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