THE MANIFESTATION OF THE FUNCTIONS OF LABOR LAW IN THE PROCESS OF PASSING THE MUNICIPAL SERVICE (FOR EXAMPLE THE GUARANTEE AND SECURITY FUNCTION)

Abstract

Purpose. A study of the implementation of the functions of labor law in the process of municipal service by municipal employees. Methods. The article analyzes the provisions of the federal law "On municipal service in the Russian Federation", which fixes the procedure for providing municipal employees with basic annual paid holidays, as well as additional leave for an irregular working day. Comparative characteristics of the right to leave in a certain amount for employees working under an employment contract from state civil and municipal employees allowed to identify the discrepancies in their duration, for example, leave for a non-standardized working day. Results. In the work it is justified that the functions of the labor law, in particular, the guarantee and security function aimed at satisfying the socially significant needs of the employee (employee) are manifested in the rules governing the procedure for the receipt, passage and termination of service relations with municipal employees. The conducted research led to the conclusion that the duration of vacations provided by municipal employees, firstly, objectively worsens the position of employees in relation to the previous rules, and secondly, does not fully meet this function of labor law, reducing the effectiveness of its implementation. Scientific novelty. The scientific novelty lies in the analysis of the Federal Law "On municipal service in the Russian Federation" in terms of the duration of holidays (the main annual, additional for an irregular working day) and their conformity to the socially significant needs of the employee (employee).