scholarly journals NOW TENDENCIES OF DEVELOPMENT OF LABOR RIGHTS IN UKRAINE

2020 ◽  
pp. 42-46
Author(s):  
L. Yu. Prohoniuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Industrial Process ◽  
Labor Rights ◽  
Employment Contract ◽  
Electronic Form ◽  
Procedural Law ◽  
Current Trends ◽  
The Subject ◽  
Sphere Of Influence

The article is devoted to study of the current trends in development of the labor rights in Ukraine, related to elaboration of the draft Labor Code of Ukraine which highlights the necessity to update the labor law and adapt it to the current level of development of labor relations, namely: it is pointed out the gradual extension of the limits of the subject of the legal regime of the labor law, inclusion of new relationships and subjects in its sphere of influence, it is proved that the subject of the specified regime should include relations of non-standard forms of employment, opportunities for broadening the scope of labor law that will also lead to a change in the subject of its regulation, which will be the use of labor of both dependent and independent workers, joint parties of different types of collective owners engaged in the labor and industrial process; the second trend highlights the necessity to introduce an electronic form of employment contract in order to develop the principle of freedom of work, After all, one of the fundamental institutes of labor law is the institute of employment contract, which is the basis for the emergence of labor relations between the employee and the employer. However, the forms of concluding such an agreement remain unchanged, which is contrary to the full reform and improvement of the said institute. Increasingly, social networks are discussing a progressive approach to maintaining an electronic form of employment contract, along with a written one, which may, in the future, gradually disappear into the past, which will become the next trend in the development of labor relations; outlines the current trends of the shift in the legislative activity of government bodies; the article notes the third trend in the development of labor rights in the world relating to increase of the level of their protection, which should be carried out by specially authorized bodies in the order of the specialized jurisdiction; it is investigated the issue of development of specialized labor courts, analyzed the tendencies of the formation of the Code of Labor Procedure, which should provide for a number of procedural guaranties of protection of the rights, freedoms and legitimate interests of employees, employers and other subjects of employment relationship at law as well as guarantee of the legal equality of the parties in resolving discrepancies between them; the inferences on the actual formation of a new branch of procedural law are made.

scholarly journals Concealment of information as a form of abuse of post by an employee

2020 ◽  
pp. 50-56
Author(s):  
Alena Viktorovna Ostapenko
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Labor Rights ◽  
Employment Contract ◽  
Hiring Process ◽  
Labor Agreement ◽  
Legal Perspective ◽  
The Status ◽  
The Subject

The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

Functions of legal guarantees in labor law: current issues

2021 ◽  
pp. 41-45
Author(s):  
Maryna Pyzhova Pyzhova
Keyword(s):  
Law Enforcement ◽  
Theoretical Study ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Main Body ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Problem Setting

Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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.

PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Extensive Study ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Law System ◽  
The Subject

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

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 Anti-corruption compliance in labor relations in the lightof digitalization and achieving sustainable development: an economic and legal examination

2021 ◽  
Vol 3 (95) ◽  
pp. 102-118
Author(s):  
Liliia Amelicheva ◽  
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Labor Economics ◽  
Labor Relations ◽  
Methodological Approach ◽  
Labor Law ◽  
Labor Rights ◽  
Negative Stereotypes ◽  
Labor Legislation ◽  
The Impact

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

scholarly journals Jurisprudence-Legal Government Surveillance and Interference in the Relations between Workers and Employers in Egypt

2021 ◽  
Vol 4 (2) ◽  
pp. 49-55
Author(s):  
Lotfi Tudros Rizk
Keyword(s):  
Social Order ◽  
Industrial Revolution ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Government Supervision ◽  
Government Involvement ◽  
Government Surveillance ◽  
Group Workers ◽  
Weak Party

One of the most important laws of the countries is the labor law whose the target society is made of a large number of people, i.e. workers and employers. There are laws and regulations in Egypt on the relation between the workers and the employers. There are also principles for protecting this group (workers) as the fundamental principles of work, all of which are intended to improve the workers' lives and to establish rules that will better serve the interests of workers. The main aim of the labor rights is to improve the socioeconomic status of workers and to provide more security and justice and also to establish a social order for this class of society. The present study is a descriptive-analytic research, which investigates jurisprudential-legal government supervision and interference in the relation between the worker and the employer in Egypt. The results indicate that the necessity of government involvement in worker-employer relations has two main reasons. These reasons include changing the nature of labor relations after the industrial revolution and changing the function of government in contemporary time. The complexity and transformation of various relationships, including labor relations, which justifies the need for the intervention of a superior power to support the weak party of this relationship.

scholarly journals GRANICE UPRAWNIEŃ KIEROWNICZYCH PRACODAWCY W STOSUNKU PRACY

2016 ◽  
Vol 13 (2) ◽  
pp. 101
Author(s):  
Tomasz Duraj
Keyword(s):  
Labor Law ◽  
Employment Relationship ◽  
Work Process ◽  
Type Method ◽  
Employment Contract ◽  
Applicable Law ◽  
The Core ◽  
Organizational Functions ◽  
The Subject ◽  
Legal Forms

THE LIMITS OF THE MANAGEMENT AUTHORITY IN THE EMPLOYMENT RELATIONSHIPSummaryManagement authority, which is guaranteed for the employer under the employment relationship with respect to employees, is an essential (necessary) feature of the employment relationship, which very often determines the identity of this relationship, distinguishing it from other legal forms of employment, especially those of a civil nature. The employing entity’s management authority must first of all be identified with the employer’s powers to influence the employee’s actions within the scope of the performance of work (in the work process) and the employee’s corresponding obligations to the employing entity regarding the work he is to perform. Using these powers, the employer specifies the employee’s obligations for the performance of the job, in particular its type, method, the time and place in which it is to be done, as well as the order and organization of the work process. According to the literature on the subject, the employer’s main powers of management include prescriptive rights (the core of management authority), which allow him to specify the employee’s duties by issuing binding instructions to him; punitive (disciplinary) powers associated with the use of disciplinary penalties; regulatory (legislative) powers, primarily to establish the regulations and other acts determining working order (in particular work schedules, holiday timetables etc.); and distributive power (the allocation of prizes and awards). The object of this study is to characterize the limits to the employer’s management authority in the employment relationship. The author concentrates on the limits defined by applicable law, the employment contract, the clause of compliance with socio-economic purpose, and the rules of social coexistence, as well as custom. The analysis of the limits of the employer’s management authority shows the importance of this issue, both in theoretical and practical terms. The appropriate configuration of these limits may help to solve one of the fundamental problems of modern labor law, which is to harmonize its protective and organizational functions.

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