scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

Salary optimisation in Ukraine in the context of the economy Europeanisation

2021 ◽  
Vol 28 (3) ◽  
pp. 224-237
Author(s):  
Oleg M. Yaroshenko ◽  
Оlena Ye. Lutsenko ◽  
Natalya M. Vapnyarchuk
Keyword(s):  
Law Enforcement ◽  
European Integration ◽  
Legal Regulation ◽  
Economic Life ◽  
Scientific Result ◽  
Labour Relations ◽  
Foreign Companies ◽  
Social Interests ◽  
Labour Legislation ◽  
Subjective Rights

In the context of active legislative prospects of the labour legislation of Ukraine in the aspect of their European integration, there are issues of developing and implementing effective remuneration systems and optimising them, which should be aimed at solving the problems of developing the Ukrainian economy, ensuring a combination of economic and social interests and goals of individual employees and managers of enterprises. This requires the application of new approaches to the organisation of wages, considering the specifics of enterprises and the experience of domestic and foreign companies, as well as scientists in the field of wages. The establishment of effective mechanisms in the remuneration system, which should ensure social and economic justice in labour relations, plays a significant role in resolving the relevant issues. This is primarily the observance, protection and restoration of the subjective rights of employees to pay in case of violation. If most of the outlined general social and economic problems cannot be solved by one means or another, it is not only possible but also necessary to formulate priority purely legal tasks related to the optimisation of legal regulation of wages. The article reflects: 1) the international legal basis for the establishment of an appropriate level of wages, 2) foreign experience in the establishment of optimised wages and 3) scientific and applied approaches to optimising wages in the Ukrainian economy under the influence of European integration processes. During the writing of this article, for a comprehensive disclosure of the issues, to achieve an objective scientific result and formulate appropriate conclusions, the authors used general and special methods of cognition (dialectical, functional, Aristotelian, comparative legal, hermeneutic, method of comparison). The article concludes that the existence of many intra-industry tariff grids in Ukraine in practice only complicates law enforcement. If there really was a Unified Tariff Grid, which would consider all professions, their features and the specifics of working conditions, there would be no need for each sector of the economy to develop its own tariff grid. Currently, there is a situation when within the UTS itself there is a significant number of other internal tariff grids in various areas and industries. The UTS should be developed based on the Dictionary of Occupational Titles, as it is the unified act that contains a list of professions that exist in the economic life of Ukraine. Therefore, each of these professions must be assigned its own tariff coefficient and the corresponding category. Wage growth should depend on the employee's qualifications, level of education, and productivity

scholarly journals THE PROTECTION OF OWNERS' CORPORATE RIGHTS AND EMPLOYEES' LABOUR RIGHTS: JUDICIAL PRACTICE ANALYSIS

2019 ◽  
pp. 49-55
Author(s):  
O. Pohorielova
Keyword(s):  
Legal Regulation ◽  
Court Case ◽  
Labour Law ◽  
Labour Relations ◽  
Corporate Rights ◽  
Labour Rights ◽  
Judicial Practice ◽  
Labour Legislation ◽  
Business Entities ◽  
Labour Disputes

The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.

scholarly journals The Influence of Atypical Employment on Socioeconomic Development

2020 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Nikita L. Lyutov
Keyword(s):  
Market Segmentation ◽  
Socioeconomic Development ◽  
Employment Relations ◽  
Negative Consequences ◽  
Labour Law ◽  
Labour Market Segmentation ◽  
The Subject ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Positive Effect

The Subject of the Study. The article deals with an issue of impact of atypical employment on the socioeconomic development on micro- and macro levels. The Purpose of the Study is to discover the links between the introduction of atypical forms of employment and socioeconomic development. The Main Theoretical and Empirical Aspects of Study: as the implementation of various forms of atypical employment is one of the aspects of flexibility in employment relations’ regulation, the author starts with a general analysis of impact of general flexibility of employment on the economy. This section of the article contains the conclusion that a thesis about positive effect of labour law flexibility on the economic effectiveness remains unproven; – the second part of the article contains an analysis of the relations between the specific forms of atypical employment and the state of economy. The conclusion has been made that ill-considered implementation of such forms into the labour legislation leads to such negative consequences to the economy as the labour market segmentation and volatility, rising incomes gap and lowering the purchasing power. – the thesis is made that Russian labour legislation modification in the field of atypical employment development is only acceptable with a view to make the already existing atypical employment come out of informal sector, and in a way that takes into account the interests of both parties of the employment relationship.

Legal Support of the Process of Kazakhstan Accession to the OECD: Potential for Improving Quality of Individual's Labour Rights Regulation

2018 ◽  
Vol 8 (7) ◽  
pp. 2302
Author(s):  
Batyrbek A. ZHETPISBAYEV ◽  
Gulzira T. BAISALOVA ◽  
Kairatbek Kh. SHADIYEV ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Oecd Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Labour Relations ◽  
The Social ◽  
Wage Employment ◽  
The Republic ◽  
Labour Legislation ◽  
Practical Recommendations

The leading concept of the research is to prepare, implement scientific and practical recommendations, proposals aimed at improving the quality of legal regulation of wage employment in Kazakhstan. The study has two interrelated end goals: the development of a scientific and legal basis for Kazakhstan's accession to the Organization for Economic Cooperation and Development (OECD, Organization) and the unification of the national Labour legislation with universally recognized standards for the implementation of Labour relations in OECD countries.The aim is to theoretically substantiate the concept and content of the legal framework for ensuring human rights in the OECD countries; to generalize and develop ideas for solving the issues of improving the quality of legal regulation of the social and Labour sphere in Kazakhstan; to investigate problems and suggest ways of transforming the standards of wage Labour recognized in OECD countries into the Kazakhstani system of law.As a result of the research, conclusions and proposals are formulated aimed at improving and modernizing the norms of the Labour legislation of the Republic of Kazakhstan in the context of the development of all spheres of public administration and regulation in accordance with OECD recommendations and standards.

Legal regulation challenges of «labour leasing»

10.12737/5580 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 87-92
Author(s):  
Марина Кроз ◽  
Marina Kroz
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Critical Assessment ◽  
Entrepreneurial Activity ◽  
Federal Law ◽  
Labour Law ◽  
Labour Relations ◽  
The Russian Federation ◽  
Legal Forms ◽  
Peremptory Norms

The article discusses the current regulatory matters of «Labour Leasing». According to the Federal Law these relations are qualified as labour relations with the legal forms of mediation. The article describes the main provisions of a legislative act. The author gives a critical assessment of the Act and identification provisions used of the contract model and temporary transfer design. The article concludes about non-compliance with the principles of the Act and contractual freedom and general provisions of the Labour Law of the Russian Federation. In addition, the author uses peremptory norms of the Act with determining the form, transfer personnel treaty. It expands attracting subjects of entrepreneurial activity to administrative responsibility.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

scholarly journals CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

2021 ◽  
pp. 6-12
Author(s):  
Yuriy Bysaga
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Protection Mechanism ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Definition Of ◽  
Fundamental Rights And Freedoms ◽  
Legal Mechanism

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen. The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms. The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

scholarly journals The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective

2018 ◽  
Vol 21 ◽  
pp. 1-34
Author(s):  
Stefan Van Eck ◽  
Tungamirai Kujinga
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Labour Law ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Essential Services ◽  
The Republic ◽  
Labour Legislation ◽  
The Right

South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms. Strike action constitutes a temporary and concerted withdrawal of work. On the other hand, replacement labour maintains production and undermines the effect of the withdrawal of labour. Consequently, the ILO views the appointment of strike-breakers during legal strikes in non-essential services as a violation of the right to organise and collective bargaining, and in a number of countries replacement labour is prohibited. The Constitution of the Republic of South Africa, 1996 enshrines every worker's right to strike and the LRA gives effect to this right. However, the foundation of this right is ostensibly brought into question by the LRA in as far as it permits employers to make use of replacement labour during strike action. This article investigates whether replacement labour undermines the right to strike in South Africa and considers to what extent labour legislation may be misaligned with international norms. In conclusion the research makes findings and proposes alternatives that may be considered to resolve this seemingly skewed situation.    

CONCERNING THE APPLICATION OF LEGAL TRANSPLANTS IN LABOUR LAW OF UKRAINE

2021 ◽  
pp. 12-16
Author(s):  
S. Venediktov ◽  
Keyword(s):  
Rapid Development ◽  
Legal Regulation ◽  
Labour Law ◽  
Related Factors ◽  
Wide Range ◽  
The World ◽  
Complex Procedure ◽  
Labour Standards ◽  
Legal Transplantation ◽  
The Individual

The paper analyzes the features of the implementation of legal transplants in the labour law of Ukraine, as well as the factors that contribute to the effective implementation of this category. Transplantation of legal rules and institutions from one country to another is quite common in the world and the history shows many examples of positive or negative transplantation of rules and institutions of labour law. Collective labour law is characterized by a pronounced complexity, which manifests itself in a variety of related interdependent elements that require mandatory accounting. In the individual labour law, such complexity is less pronounced, therefore, some of its practical elements are naturally inclined towards greater acceptance. The most comprehensive example of successful legal transplantation is labour standards of the International Labour Organization. The ILO is a specialized agency of the United Nations that deals directly with the world of work. As of today, 187 states are members of this organization. The ILO adopts conventions, recommendations and protocols on labour issues. The most striking manifestations of legal transplants in the labour law of Ukraine are characteristic, first of all, for the period of its formation and development, which falls on the 20th century. Turning to the prospects for the use of transplants in labour law of Ukraine, it should be noted that in the future this phenomenon to some extent will inevitably accompany the rule-making process. This is facilitated by Ukraine's membership in the ILO, EU integration, growing globalization, the gradual narrowing of social barriers, the rapid development of digital technologies, etc. However, in this case, it should always be remembered that legal transplantation does not forgive formalism and dilettantism, it is not expressed in the literal transfer of the rule or institution of law, but is a complex and complicated process, which is characterized by a wide range of related factors. Such factors include: political component, socio-economic context, traditions in society and social culture, legal culture. Labour law belongs to those branches of law that are naturally suitable for legal transplants. More than a century of ILO activity is a vivid confirmation of this. In turn, legal transplants should not be considered as an option that allows to minimize efforts in reforming national legislation, on the contrary, they are characterized by a rather complex procedure, which is influenced by political, socio-economic, cultural and legal factors. But a comprehensive and balanced consideration of these factors will undoubtedly lead to a positive result. This is due to the presence of a significant number of foreign examples that have long been tested in practice and have led to favorable consequences in the legal regulation of employment relationships, and their implementation in Ukraine would certainly serve as an impetus for the further development and effective functioning of domestic labour law.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

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