The "Social Organisation" of the Workplace as a Fundamental Concept of Labour Law Theory

Abstract

The similarity between labour law and administrative law in terms of axiology of labour law as well as the legal construction of regulations has led towards a reflection, perhaps the most important one in the context of the mutual relations between these two branches of law that I have recently pondered over. Namely, the workplace, i.e. a certain organisation (which consists of people and, therefore, is social in nature), is crucial key for percieving labour law from the perspective of public administration. Put simply, if we want to view the fulfilment of tasks or public functions within the realm of labour law, we always need to bear in mind that although we might be referring to "the emplyer", the discussion in fact refers to the workplace, with the employer being a certain "organ" or emanation of the workplace. The need for deliberations around this reflection turns out to be urgent in modern-day academic research if we consider the social dimension of the human community at the workplace.