The essence and features of protection of labor rights of migrants

Abstract

The relevance of the article is that the legal capacity of man in any state depends on several factors, including the degree of regulation of human rights, the place of law in the system of regulation of public relations, as well as the state's attitude to the inviolability of legal status. In our opinion, the last moment is the most important, because it is actually about the protection of the legitimate interests of each individual by the state. In addition, the issue of protection of legal opportunities is particularly acute in relation to entities that are in the "risk group", i.e., their legal status is complex, at times, uncertain or even controversial. Such subjects are migrants today. Due to the peculiarities of their legal status, the representatives of this socio-legal group need protection of rights, in particular, in the labor sector. The article, based on the analysis of scientific views of scientists, presents conceptual approaches to defining the meaning of the concept of "legal protection". The own understanding of the essence of legal protection of labor rights of migrants as a separate category of workers is formulated. It is argued that the protection of labor rights of migrants is expressed in a special set of procedural measures, tools and methods of implementing legal norms, which are aimed at ensuring all the legal opportunities of migrants in the field of labor law. It is determined that the state, represented by the authorized bodies of state power, exercises control in the field of labor, the purpose of which is to ensure the legality and inviolability of key human and civil rights and freedoms. In particular, the work of any person without proper registration, i.e. without concluding an employment contract with him, including a migrant, is a serious violation of labor law. In fact, such work is "shadow", due to which an employee, for example, a foreigner working in an enterprise or organization, does not have the status of an employee, which may ultimately limit his ability to use statutory guarantees in the field of labor.