Implementation of the information function of the state by the labor law

Abstract

In this paper, attention is paid to the emergence of the information function of the state as a consequence of the transition of many countries, including Russia, on the type of post-industrial to an information society and economy. The author examines the implementation of the state of its functions through one of the forms - legal, because it is through the legal form of implementation of the communication features evident state and law. With regard to the function of the right author adheres to the theory of functions of legal regulation of how to implement the whole system of legal means of influence on social relations with a view to streamlining associated with the establishment of the rights and duties of subjects and means the realization of the rule of law through the relationship.

The author draws attention to the fact that the functions of the state are realized by existing legislation, with different industrial branches. However, certain features may be shown simultaneously in several areas of law. Currently, the implementation of information standards intended function not only of information law, administrative law and civil rights, but also to a certain extent - the rules of labor law.

The relation of a function of labor law, as a function of the Administration (Management), aimed at meeting the needs of the employer and information functions of the state. Currently, the main employers’ needs, according to the author, is the need to effectively manage your organization to achieve the objectives for which it was established that in the present conditions is actually not possible without the possibility of productive use of information as a resource to achieve his goal.

The author identifies a number of problems that hinder the efficient implementation of the named function in the labor law. Firstly, the variety of terms used by the legislator, by means of which the type of information protected by the law. Secondly, the lack of legal regulation of procedural aspects relating to the fixing in the employment contract obligations of the employee not to disclose information protected by law. On the basis of the foregoing are made recommendations to amend existing labor laws.