scholarly journals PECULIARITIES OF STATE REGULATION OF LABOR RELATIONS IN UKRAINE

Author(s):  
O. Yeshchenko ◽  
V. Mykhalchuk
Author(s):  
Lyudmila Vakaryuk

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes. It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task. It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.


2019 ◽  
Vol 4 (3) ◽  
pp. 350-358
Author(s):  
Alexander SHVETS

Introduction. The current trends in the development of socio-economic systems in a globalization dimension lead to an update of the labor market regulation system. In today's conditions in Ukraine, the expectations of the population to improve well-being and quality of life are linked to the exercise of the right to decent work. Reforming labor market regulation processes should ensure both the current internal needs of Ukrainian society and the realization of its European integration priorities. The purpose of the research is to develop modern principles of methodological basis of labor market regulation. Results. Current conditions of Ukrainian economy as a social and economic system have been defined as a crisis. The content of labor market regulation is considered. It is determined that the mechanism of the labor market regulation is a set of normative, legislative or collective agreements, which are guided by partners in the implementation of employment policy. The mechanism of labor market regulation covers the list of economic, social, psychological factors that determine the functioning of the labor market. The mechanism of labor market regulation in the conditions of socio-economic crisis should cover the purpose, agents, objects, subject of investigation, functional support of the goal realization, principles, methods (means), instruments of influence. The purpose of regulating the labor market is related to its state regulation. It is established that objects of state regulation of the labor market are the processes and conditions of functioning and reproduction of the labor force, employment of the population and its individual groups, to which the organizational, coordination and stimulating activity of the relevant subjects of state power structures, the system of labor organization (conditions, regulation, payment, etc.). The objective is clearly defined proportions of government regulation, self-regulation and contractual regulation, substantiation of the limit level of state intervention in issues of employment and social protection of the unemployed. The subjects are represented by the authorities, individuals and legal entities, trade unions, associations and all other participants in labor relations. The object of the mechanism is the social-labor relations between the employee and the employer, as well as the processes and conditions of the labor market. Between subjects and objects should be social dialogue. The subject is seen as problems and contradictions of functioning of the labor market at all levels. Groups of regulatory methods include administrative, informational, economic and organizational-managerial. The functions of the mechanism are represented by planning, motivation, organization and control. The list of general, special principles and principles of the systematic approach of the state regulatory policy in the labor market is given. Keywords: labor market, economic activity of the population, employment of the population, employment level, regulation of the labor market, mechanism of regulation, labor resources.


2020 ◽  
Vol 32 (4) ◽  
pp. 5-15
Author(s):  
Sergey V. Kravtsevich ◽  

Introduction. The relevance of the study lies in the fact that the spreading negative socio-economic phenomena of the Russian labor market, such as poverty of the working population, inequality in the income distribution, etc., intercept the reproduction of the labor force, reducing its quality and introducing undesirable structural changes. The reasons for the manifestation of negative socio-economic phenomena in the Russian labor market are based on the principles of imperfect competition in social and labor relations. Specifically, the social and labor relations of labor market subjects have no mutually beneficial basis and are most often aimed at satisfying the economic interests of the employers and infringing on the socio-economic interests of the employees, as well as the fact that the employees are required to have the manpower quality specifications that they lack or the employees have the manpower quality specifications that are not demanded by the employer, i.e. the labor market. The aim of the study is the quantitative assessment of the manifestation degree of imperfect competition in the Russian labor market with the possibility of predicting its spread to social and labor relations, with the subsequent development of conceptual solutions to regulate the imperfect competition in the Russian labor market. Materials and Methods. A set of methods of statistical and mathematical research is used for the purposes of this study. Mathematical modeling of imperfect competition is carried out by methods of probabilistic and vector analysis. The empirical study of imperfect competition is carried out by the method of statistical observation. Results. The result of mathematical modeling and statistical research of imperfect competition is the conclusion about the cyclical development of competition in the Russian labor market, where the cyclical change occurred in 2008 and 2016 and was largely determined by the general trend of the country's economic development and the ongoing crisis phenomena. Relatively sustainable development of competition is observed pertaining to a territorial feature, since there is almost no change in segment groups as a result of cyclical development of competition, which can be successfully interpreted as inertia (stagnation) in the development of competition. The set of measures taken by the state for the development of competitive processes in social and labor relations and regulation of the competitive environment in the Russian labor market is characterized by its insignificant impact on the segment structure and features of competitive processes and components of the competitive environment, as well as by the ineffectiveness of the implemented measures for government regulation. Discussion and Conclusion. The preservation and spread of the influence of the imperfect competitive processes and imperfect competitive conditions for the specified features and components are predicted in the Russian labor market. The use of quantitative indicators of imperfect competition is one of the methods for the performance evaluation of state regulation of imperfect competition in the Russian labor market.


Author(s):  
Oksana Evgenevna Ivanova ◽  
Evgeniia Valerevna Khokhlacheva

The article considers the world experience in the development of crowdsourcing, and makes a rating of the countries of the world according to the level of development of crowdsourcing. It is revealed that the large-scale application of crowdsourcing is hindered by the lack of elaboration of issues related to the implementation of crowdsourcing projects, the lack of state regulation of social and labor relations in the "employer-crowdsourcing" system, the lack of theoretical foundations and practical basis for conducting research in this area.


2020 ◽  
pp. 10-17
Author(s):  
T. Tinikashvili

The state acts as a regulator in the relations between employers and employees. In the social and labor sphere, the mechanism of public administration operates on the basis of several forms of regulation, which are combined with each other. One of the main forms is economic regulation.


2021 ◽  
Vol 4 (96) ◽  
pp. 21-40
Author(s):  
Oksana Pankova ◽  
◽  
Olexandr Kasperovich ◽  

The article explores and reveals the key trends in the system of social and labor relations related to the impact of digitalization and the platform economy. These include individualization, increased competitiveness, lack of personal connections and traditional work teams, one-time, short-term and informal relationships. These trends generate a number of challenges and threats to traditional mechanisms for implementing public policy in the social and labor sphere, which are based – at the core – on the fundamental inconsistency of the institutional framework for the functioning of traditional regulatory mechanisms in the field of labor and employment (which are focused on long-term formal employment and stable labor collectives) and the system of social and labor relations, which is formed by the platform economy (which is characterized by informality, short duration and individualization of social and labor relations that arise). That is, the platform economy does not create those subjects on which the traditional system of implementation of state policy in the social and labor sphere is based. The article reveals the essence of the main problems for the traditional regulatory mechanisms of state policy for the development of social and labor spheres that have emerged in the context of the spread of the platform economy. The main emphasis is on transformational changes in the system of social and labor relations; on the problems and opportunities for the formation of mechanisms for representing the collective interests of platform workers and employers; on the regulatory and legal uncertainty of the status and unregulated activities of labor platforms; on the "erosion" of jurisdiction on transnational labor platforms, etc. The main target priorities for ensuring balanced social and labor development in the conditions of platform economy spreading are substantiated. They are: updating the existing system of contractual and state regulation of the social and labor sphere; implementation of modern systems and mechanisms for representing the collective interests of platform workers and employers; implementation of the National Platform for Social Dialogue and Socially Responsible Partnership; ensuring a comprehensive regulatory framework for platforms, development and implementation of policies of state and contractual regulation for the harmonization of socio-economic, labor, digital, neo-industrial and sustainable development in modern conditions.


Author(s):  
Мусаева ◽  
Gulshat Musaeva ◽  
Файзрахманов ◽  
Dzhaudat Fayzrakhmanov

The process of labor market regulation by the state involves a conscious and systematic actions, that minimize the negative aspects of the market mechanism. This is due to the fact that in Kazakhstan in the system of relations between employers and employees is always present state which, in turn, is also a major employer. In particular, a significant proportion of the working population is employed in the public sector, the state regulates conditions of employment and dismissal of workers in the private sector, in addition, between the state and the people there are relations concerning employment, training, transition, social security. An impact on reproduction and use of labor resources occurs through special institutions (ministries and departments), that are endowed functions of regulation and the right to control by the executive power, in addition, dispose of certain financial and material resources. The research of social and labor sphere in the foreground puts forward the study of the relations system, reflecting the social and economic interests of the people in the course of employment, namely the social and labor relations. Becoming of a socially oriented market economy in Kazakhstan and to ensure its normal functioning is possible provided its full integration into the world economy, which involves arrangements of social and labor relations in the country, development of a mechanism for effective regulation and embeddedness of the system of social and labor relations in the system, recognized by the international community.


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