The Right to Health as a Personal Non-property Right in Relation to Work

Abstract

The article is devoted to the problem of personal intangible labor rights, which is little studied in the science of labor law, as the most important part of the content of the labor relationship, which has become relevant during the transition of society to the information state. The right to health is one of the most important personal intangible right of an employee. Due to its binding nature, it can be carried out only in an employment relationship, therefore it is necessary to legalize it as one of the main subjective rights of an employee in the Labor Code. The current Labor Code does not contain the concept of personal non-property rights and does not include the basic rights of an employee as such. Even though the fact that personal character as a sign of an employment relationship has always existed throughout the history of labor law (both legally and in doctrine). In the science of labor law, the question of the need for in-depth research of the non-property part of the labor relationship has historically remained relevant, although ambiguously understood. Our science has accepted deeply researched civil law categories of personal non-property rights and intangible benefits, but it seems that not all of them are relevant for personal non-property labor rights. The article attempts to critically analyze the opinions expressed in science and offer their views on this controversial issue.