scholarly journals Restrictions in labor law: theory of the issue and practice of application

2021 ◽  
Vol 15 (4) ◽  
pp. 542-551
Author(s):  
Marina V. Lushnikova ◽  
Levan G. Dzhidzhavadze
Keyword(s):  
Labor Law ◽  
Legal Restrictions ◽  
Definition Of

The article proposes the author’s approach to the definition of legal restrictions as a special technical and legal technique, which is the limits fixed in laws or other normative legal sources, the boundaries of behavior, entailing the narrowing of the subject’s powers. Sectoral features characteristic of restrictions in labor law are derived. The issue of correlation of the concept of «restriction» with other related concepts: «prohibition», «exceptions», «differentiation», «discrimination» in labor law is investigated.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

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.

scholarly journals DIGITALIZATION OF LABOR LAW:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Larisa S. Kirillova ◽  
Andrey M. Lushnikov ◽  
Marina V. Lushnikova ◽  
Askhat A. Bikeev
Keyword(s):  
Labor Relations ◽  
Negative Impact ◽  
Labor Law ◽  
Digital Economy ◽  
Economic Relations ◽  
Labor Legislation ◽  
The Stability ◽  
The Moment ◽  
Definition Of ◽  
Comprehensive Study

The article discusses some aspects of the digitalization impact on labor relations. It is concluded that the digital economy could not but affect the labor legislation, since it is economic relations and the nature of labor organization that largely determine the content and specific nature of labor legislation. It is noted that many scientific materials on this issue affect only certain aspects of the digitalization of labor relations. This is largely due to the fact that the digital economy development process in Russia began somewhat later, and therefore the first works appeared only at the beginning of XX century. However, there is already a reason to conduct a comprehensive study of the problem at the moment. The authors offer to start by highlighting some trends in the development of labor law that are caused by the digital economy. It seems that further work shall be carried out with the definition of trends to identify the risks of digital changes and develop the most optimal proposals for legislation. Based on the trend consideration results, their positive or negative impact on labor relations is noted. It is noted that digitalization opens up new opportunities for the organization of labor and employment, but it carries a huge number of threats to the stability of labor relations at the same time.

scholarly journals Novas considerações sobre o acesso ao Patrimônio Musical no Brasil | New considerations on access to Brazilian musical heritage

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
André Guerra Cotta
Keyword(s):  
Cultural Heritage ◽  
Digital Technologies ◽  
Current Situation ◽  
Legal Restrictions ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
The Impact ◽  
Musical Heritage ◽  
Methodological Difficulties

Resumo Este artigo traz considerações sobre o direito à informação no campo da musicologia no Brasil, especialmente sobre o acesso a fontes musicais manuscritas. O autor compara a situação atual com o contexto de fins da década de 1990, apresentando exemplos concretos de avanço em termos de acessibilidade das fontes e reflexões sobre o impacto das tecnologias digitais na área em foco. Finalmente, aponta aspectos em que não houve tranformações significativas, tais como as restrições legais, as dificuldades metodológicas e a falta de mobilização coletiva para a discussão e definição de políticas públicas voltadas para o tratamento e a conservação do Patrimônio Musical no Brasil. Palavras-chave música brasileira, musicologia histórica, acervos, digitalização, patrimônio cultural Abstract This article presents considerations about the right to information in the field of musicology in Brazil, especially on the accessibility to hand-written musical sources. The author compares the current situation with the context of the late 1990s, giving positive examples in terms of accessibility of the sources and reflections on the impact of digital technologies in the area in focus. Finally, we discuss aspects in which there were no significant transformations, such as legal restrictions, methodological difficulties and the lack of collective mobilization for the discussion and definition of public policies for the care and preservation of musical heritage in Brazil. Keywords brazilian music, historical musicology, collections, digitization, cultural heritage

scholarly journals Formation of legal definition of employment contract: from L. Tal to Labor Law Project

2020 ◽  
Vol 0 (148) ◽  
pp. 96-106
Author(s):  
Валерій Дмитрович Авескулов
Keyword(s):  
Labor Law ◽  
Employment Contract ◽  
Legal Definition ◽  
Definition Of

scholarly journals Business qualities in labor law

2021 ◽  
Vol 3 ◽  
pp. 27-31
Author(s):  
S. Yu. Filchakova ◽  
Keyword(s):  
Labor Law ◽  
Personal Characteristic ◽  
The State ◽  
Point Of View ◽  
Professional Standard ◽  
State Of Health ◽  
Professional Qualification ◽  
Legal Definition ◽  
Definition Of ◽  
Constituent Elements

Based on the analysis of the current legislation, the necessity of a legal definition of the concept of «business qualities» is sub-stantiated. The point of view is argued that the state of health as a personal characteristic is not one of the constituent elements that determines, along with professional, qualification characteristics, the category of «business qualities». It is concluded that the definitions «labor function», «qualifications» and «professional standard» are interrelated concepts, defining in general the category of «business qualities».

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.

scholarly journals On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

scholarly journals Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

2021 ◽  
Vol 81 (2) ◽  
pp. 136-143
Author(s):  
S. M. Bortnyk
Keyword(s):  
Preventive Measures ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Definition Of ◽  
The Relationship ◽  
Legal Measure

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

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