Some Problems of Limiting Freedom of Labor on the Example of the Legislation of the Member States of Eurasian Economic Union

Abstract

This article is devoted to issues of limiting freedom of labor on the example of the legislation of the EAEU member states. Using the comparative legal private scientific research method the author comes to the conclusion, that the main meaning invested in the concept of ‘freedom of labor’ by the Constitutions of all EAEU member states is to provide citizens with the opportunity to freely realize their abilities in the field of labor. At the same time an analysis of practice indicates that often the realization of the right to choose the form of employment turns into an abuse of it, since not only employers but also citizens give preference to the conclusion of civil law contracts that actually regulate labor relations, in order to circumvent the prohibitions established by the norms of labor law and restrictions. The author comes to the conclusion that it is necessary to limit freedom of labor not only by means of labor law,
but also by related civil law, since restrictions and prohibitions on labor activity in certain areas are of a socially significant nature and are determined not only by the state’s concern for workers, but also about third parties in whose interests are carried out by this activity.