Digitalization of Labor Relations in Agribusiness: Prospects of Legal Regulation and Labor Rights Protection

2019 ◽  
pp. 47-53
Author(s):  
Apollinariya A. Sapfirova ◽  
Victoria V. Volkova ◽  
Anna V. Petrushkina
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Labor Rights ◽  
Rights Protection

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Features of Prosecutor’s supervision over observing the citizens’ labor rights in the context of the spread of new coronavirus infection (COVID-19)

2021 ◽  
Vol 23 (2) ◽  
pp. 24-27
Author(s):  
NATALYA TROSHINA ◽  
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Discipline ◽  
Labor Legislation ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The author analyzes the problematic aspects of the prosecutor’s supervision over the observance of the labor rights of citizens involved in remote work and the temporary transfer of employees to remote work at the initiative of the employer in exceptional cases. During the spread of coronavirus infection (COVID-19), the legal regulation of teleworking is one of the most important aspects requiring special attention. In practice, remote work is connected with such difficulties as the discipline of workers. In the article, the author gives considerations regarding the workplace of a remote worker, highlights the rules for bringing an employee to disciplinary responsibility, and shows the means of regulating the labor discipline for teleworking employees. The author emphasizes that it is through the efforts of the employer that it is possible to increase the discipline of employees in remote work. The article describes the position of the Supreme Court of the Russian Federation regarding civil claims for reinstatement at work during the period of working remotely. Also, the author analyzes the state of legality in the field of labor relations. The article provides the author’s point of view concerning the application of labor legislation and the implementation of prosecutorial supervision in this field.

scholarly journals Protection of Healthcare Workers’ Rights by Trade Unions and Biological Hazards in Ukraine

2019 ◽  
Vol 8 (4S) ◽  
pp. 46-51
Keyword(s):  
Trade Unions ◽  
Healthcare Workers ◽  
System Analysis ◽  
Legal Regulation ◽  
Comparative Methods ◽  
Healthcare Sector ◽  
Labor Rights ◽  
Medical Professionals ◽  
Rights Protection ◽  
Legal Foundations

The article deals with the issues of protecting the labor rights of healthcare workers by trade unions. In particular, special attention is paid to the doctrinal and legal foundations of protecting the labor rights of medical professionals by trade unions as well as the legal regulation of trade unions’ activities, their rights and duties aimed at the execution of labor rights protection function in healthcare sector. It is also emphasized that there is a great need to improve the protection of healthcare workers’ rights in the light of numerous biological hazards in the healthcare sector. By the means of system analysis, historical and comparative methods a number of gaps and inconsistencies in the current Ukrainian legislation concerning the powers of trade unions and the rights healthcare workers have been revealed. Ways to improve this legislation by addressing those gaps and inconsistencies have been suggested

FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION

2021 ◽  
Vol 17 (4) ◽  
pp. 121-128
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Child Labor ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Labor Rights ◽  
Modern Period ◽  
Labor Legislation ◽  
The World ◽  
The Relationship

The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.

scholarly journals GENERAL PRINCIPLES OF UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RELATIONS OF WATER TRANSPORT EMPLOYEES

2020 ◽  
Vol 1 (9) ◽  
pp. 58-63
Author(s):  
Nataliia Orlova ◽  
Keyword(s):  
Water Transport ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Negative Consequences ◽  
Protective Function ◽  
Legal Norms ◽  
Job Functions ◽  
Article 9

The article is devoted to the study of of general principles of unity and differentiation of legal regulation of labor relations of water transport employees. It is noted that the goal of differentiation of legal regulation of work on water transport is the ensuring equality of labor rights of employees and effective regulation of labor relations by defining and enshrining of the features and differences that are inherent in this type of labor relations and this category of employees in legal norms. It is proposed to understand the differentiation of legal regulation of labor relations on water transport as the division of norms determined by law that establishes due to objective features of labor and subjective characteristics of employees real differences in legal regulation of labor relations to ensure the principle of equality of labor rights and improving of the efficiency of labor relations regulation. It is also noted that the differentiation of legal regulation of labor relations on water transport is characterized by protective and compensatory functions: the protective function is intended to ensure the protection of the rights and interests of those employees who are unable to fully perform their job functions and are limited in their capabilities, the compensatory function is provided for compensation of negative consequences of work in dangerous and difficult conditions. The opinion is defended that differentiation on water transport can be carried out by using the following types of legal norms: 1) norms-additions; 2) norms-withdrawal; 3) norms-adaptations; 4) alternative norms. It is concluded that the application of these norms helps to eliminate contradictions in the legal regulation of the process of work on water transport and to establish additional guarantees and benefits for water transport employees. It is fixed that the limits of differentiation of legal regulation on water transport can be determined by the provisions of Article 9 of the Labor Code of Ukraine, by the principles of labor law and are due to the functions of labor law.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

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