Evolution of the labour law paradigm and factors mediated

Abstract

Based on the paradigm approach by T. Kuhn, the author analyzes the evolution of the labour law paradigm. The necessity of identifying the factors influencing the formation of the paradigm and its development is shown. Two factors influencing the paradigm process are singled out. The timeless factor is socially significant needs, which process of satisfaction requires legal regulation. The temporal factor is the type of society and economy, which determines the production of goods, characterized by transformations of employment of wage labour, a change in the role of an individual in the production process, and the impact on the volumes and methods of satisfying needs. These factors are coherent, are in constant relationship. The article highlights the stages of evolution of the labour law paradigm. The first stage is preparadigm. In Russia, it lasts from the moment of the emergence of a free labour force and the foundations of its legal regulation until the separation of labour law. This is the period of initial accumulation of scientific knowledge about labour law, which ended with the appearance of the book by L. S. Tal on the employment contract, which formed the basis of the labour law paradigm. The next stage is “normal science”, when all scientific research is based on achievements already recognized by the scientists — on the doctrine of the employment contract and the employment relationship. Currently the paradigm is in crisis. The approaches formed earlier do not correspond to the time, since the paradigm was formed within the framework of the industrial type of society and economy, and now there is a transition to the information type. It is concluded that labour law is on the verge of a scientific revolution, which should lead to a paradigm shift.