Usage of potestative rights for legal regulation of labor relations

Abstract

This article attempts for the first time to apply the concept of potestative rights to legal regulation of labor relations. The widely spread theory of an employer’s power does not fully meet the basic constitutional principles. Potestative rights enable their holder to change the legal sphere of a person bounded by such rights by means of his or her unilateral will expression. This feature makes them similar to the employer’s power, and thereby they continue the general line of the labor law science. At the same time, they enable to build the concept of labor relations on a constitutional basis. Moreover, a potestative right is a logical structure that can be equally applicable to the relations between an employer and an employee, each of them being a holder of a potestative right.

Keywords:

potestative right, labor relations, employer’s power, constitutional principle