scholarly journals The constitutional right to work and grounds of dismissal restriction

2012 ◽  
Vol 13 (2) ◽  
pp. 109-134
Author(s):  
Lee Dahl Hugh
2021 ◽  
Vol 9 (2) ◽  
pp. 21-41
Author(s):  
Helena Barancová

The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer


2020 ◽  
Author(s):  
Darina Dimitrova ◽  

The present work examines the current legislation on some aspects of the administrative legal protection of the constitutional right to work. As a result of the analysis of the content of the constitutional right to work and of the basic means for its administrative legal protection conclusions and summaries are made about the applicable normative regulation concerning the questions in consideration.


2020 ◽  
pp. 35-40
Author(s):  
J. Marchenko

Problem setting. Remuneration is the main source through which the employee meets both their primary needs and the needs of a higher level. At a time when, on the one hand, the problem of meeting material needs is exacerbated, and on the other – the transition to market relations and building a socially oriented market economy in Ukraine requires a broader outlook and highly skilled workers, wages, its level, timeliness payments are brought to the fore by life itself. Remuneration is one of the guarantees of the realization of the constitutional right to work, and, consequently, one of the most essential rights of workers. Analysis of recent researches and publications. The issue of wages was the subject of research by such scientists as V.M. Bozhko, N.B. Bolotin, V.M. Weger, Y.M. Veres, O.V. Gaeva, N.D. Hetmantseva, S.Yu. Golovina, O.O. Ershova, M.I. Kuchma, L.I. Lazor, R.Z. Livshits, M.V. Lushnikova, A.Yu. Pasherstnik, O.I. Protsevsky, V.O. Radionova- Vodyanytska, N.M. Salikova, N.M. Khutoryan, E.B. Khokhlov, G.I. Chanisheva, O.M. Yaroshenko, and others. Target of research to consider remuneration as one of the guarantees of realization of the constitutional right to work. Article’s main body. The constitutional right to remuneration, as well as the right to work, is the most important socio-economic right of a person and a citizen, guaranteed by the Constitution of Ukraine, international legal acts and laws of Ukraine, which allows everyone to receive fair remuneration for their work. Despite the fact that the right to remuneration is constitutional, there are still many cases when this right is not respected and citizens are forced to apply to the authorities for protection, including non-payment or improper payment of wages. Conclusions and prospects for the development. The right to remuneration is characterized by the following features that determine its place in the system of constitutional human and civil rights enshrined in the Basic Law of Ukraine: a) is one of the fundamental human rights established by the Constitution of Ukraine, international legal acts and laws of Ukraine and recognized by most states the world; b) has economic and social components. The economic component is that a person can provide for himself and his family by means of subsistence. The social component is due to the fact that the state through a system of guarantees provides social assistance to workers and their families; c) is determined and guaranteed by the state through a system of legal guarantees; d) international normative legal acts, such as the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Social Charter (revised) of 1996, and conventions play an important role in the realization of the right to remuneration. International Labor Organization, etc.; e) is guaranteed not only for citizens of Ukraine, but also for foreigners and stateless persons who are on the territory of our state on legal grounds.


Author(s):  
Oleksandr Byrkovych

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


Sign in / Sign up

Export Citation Format

Share Document