Theoretical and Legal Aspects of Freedom of Labor

Abstract

The problem of freedom of labor in Labor Law is highlighted, which is due to the subjective creation of a choice among employment opportunities. It is argued that the highest social values in the state are freedom of work and the right to work, where the second concept is a complement to the first and provides for its realization. It is emphasized that freedom of labor is related to labor freedoms, but particular attention is paid to the fact that freedom of labor, which is a guarantee of labor rights of workers, is fundamental to labor freedoms as fundamental to labor freedoms. It is substantiated that the person has the right to choose, the right of free, conscious choice between employment and non-employment, any responsibility of an adult, able-bodied person who can work but does not want to do it is absent. Freedom of labor is understood as the ability of a person to make an independent and voluntary choice from the possibilities of realizing his work. The ability to make choices is an important prerequisite, willingness to self-determination in the professional field, taking into account training, skills, work experience, and more. The choice of a person as a component of freedom of labor is not an objective phenomenon and is not offered by the right, the choice is always a subjective factor, since it is the potential ability of a person to choose or create and to bear responsibility for it. It is justified that freedom of labor in labor law is the formation of a person in the sphere of work through himself, through his own actions, to a certain extent, this self-realization, encompassed by labor. The willful moment of freedom of labor indicates only why to obey — to create your own or to choose an existing one. Therefore, it is argued that freedom of labor exists only at the moment of choice; it makes the person free at that moment — when he or she chooses a particular job or his conditions; stop them. If there is no choice, then there is no freedom of work, since it exists only at the moment of choice. Freedom of work lies in being able to realize oneself, in forming a professional through the ability to make one's own choices on the path to self-realization. Freedom of labor is conceived through the willful potential of the individual to self-determination, by stimulating professional development and finding new facets of applying his or her abilities.