scholarly journals ПОНЯТТЯ, ВИДИ ТА ЮРИДИЧНА ПРИРОДА ПРАВА НА ІНФОРМАЦІЮ СТОРІН ТРУДОВОГО ДОГОВОРУ

2019 ◽  
Vol 14 ◽  
pp. 125-133
Author(s):  
Г. І. Чанишева ◽  
Р. І. Чанишев
Keyword(s):  
Labor Law ◽  
Labor Rights ◽  
Employment Contract ◽  
Labor Contract ◽  
Legal Nature ◽  
Right To Information ◽  
The Right

У статті визначаються поняття й види права на інформацію сторін трудового догово­ру. Аналізусться юридична природа зазначеного права як суб'єктивного трудового права. Право на інформацію сторін трудового договору характеризується як основне трудове пра­во, індивідуальне трудове право, регулятивне трудове право, особисте немайнове трудове право.   The article defines the concept and the types of the right to information of the parties of the labor contract. Analyzes the legal nature of this right as a subjective labor law. The right to information of the parties of the employment contract is characterized as a basic labor rights, individual labor law, regulatory labor law, moral labor law.

Some Problems of Employees Exercising The right to Information

2021 ◽  
pp. 764-769
Author(s):  
Yu.A. Kuchina
Keyword(s):  
Working Conditions ◽  
Occupational Safety ◽  
Labor Law ◽  
Reliable Information ◽  
Labor Rights ◽  
Labor Protection ◽  
Safety Requirements ◽  
Right To Information ◽  
The Right

The right of an employee to complete reliable information on working conditions and occupational safety requirements is not always accompanied by a clear mechanism for its realization. The article justifies the need to establish in the labor law the obligations of the employer to respond to written requests of the employee, to take into account the characteristics of the employee in the perception of information. The author also proposes not to limit the scope of information exclusively to labor protection issues, but to inform employees about their labor rights in general.

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.

Works Councils in Russia: Problems and Prospects

10.12737/5509 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 131-138
Author(s):  
Кристина Пламеннова ◽  
Kristina Plamennova
Keyword(s):  
Trade Union ◽  
Labor Law ◽  
Social Solidarity ◽  
Population Increase ◽  
Special Importance ◽  
Works Councils ◽  
Labor Legislation ◽  
Low Efficiency ◽  
Right To Information ◽  
The Right

Provisions of the labor legislation were updated by the right of the employer for creation of works councils. The research of structures of non-trade union workers’ representation has special importance for Russian labour law scholarship. This is mostly so because of low efficiency of trade union representation in Russia that is still structurally influenced by centrally-planned economy’ traditions. System of works councils is a fairly complicated institution of labor law, as their activities are closely linked not only to the organization of labor, but also to the economy as well as the sociological aspects of human resource management. The multidimensional inwardness of works councils attached to this institution of labor law special significance, as consequence of their functioning must become strengthening of social dialogue at the level of the organizations and the separated structural divisions, while setting a consensus not only between the parties opposing interests in relation to a particular issue, but also creating a foundation for continuing cooperation in a spirit of cooperation. Creation of works councils is seeking to reinforce social solidarity, more equitable distribution of income between different social classes and sections of the population, increase employees’ interest in the affairs of the company. As part of the dynamic development of social and labor relations non-trade union workers’ representation becomes a key element in the development processes of industrial democracy, having a basis of workers’ participation in administrative decisions in the enterprise, directly affecting their interests, which allows the use of flexible forms of management of the organization, by providing workers the right to information and consultation.

scholarly journals Periodisation of the employer's right of termination of the labor contract for violation of the labor discipline: historical and legal analysis

Social Law ◽  
2019 ◽  
pp. 146-149
Author(s):  
V. Soroka
Keyword(s):  
Legal Analysis ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Discipline ◽  
The Right

In the article peculiarities of the periodization of the right of the employer to terminate an employment contract for violations of labor discipline are analyzed. Specifics of scientific approaches to historical and legal analysis of this issue are determined.

scholarly journals Protection of Workers’ Rights to Timely and Full Payroll

2019 ◽  
pp. 111-118
Author(s):  
N. A. Knyazeva
Keyword(s):  
Equality Of Opportunity ◽  
Equal Pay ◽  
Legal Doctrine ◽  
Employment Contract ◽  
Labor Contract ◽  
Self Defense ◽  
Labor Legislation ◽  
Wage Payment ◽  
The Right ◽  
Court Practice

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

scholarly journals Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation

2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko
Keyword(s):  
Comparative Analysis ◽  
International Labor Organization ◽  
Human Right ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Nature ◽  
Provision Of Services ◽  
Legal Consequences

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.

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.

Globalization and Social Justice: The Right to Minimum Wage

2009 ◽  
Vol 3 (2) ◽  
pp. 267-300
Author(s):  
Hani Ofek-Ghendler
Keyword(s):  
Minimum Wage ◽  
Codes Of Conduct ◽  
Labor Law ◽  
Transnational Corporations ◽  
Fundamental Principle ◽  
Labor Rights ◽  
State Regulations ◽  
International Labor ◽  
The One ◽  
The Right

The weakening of mechanisms for international cooperation within the context of the right to minimum wage can be explained by the increasing power of new players, the transnational corporations on the one hand, and the waning of the power of the state, on the other hand. These processes of globalization produce various challenges to the modern welfare state, such as the ability to attain minimum wage. This right is vital particularly to weakened workers that would otherwise be remunerated at a very low wage, which could likely lead to poverty. This right poses, however, numerous challenges, in particular the ability of international labor law to define it across borders. The article describes three models for defining this right: the existential deficiency model, the welfare model, and the comfort model and analyzes the various forms regulating the right to minimum wage in international regulations, state regulations, and codes of conduct of transnational corporations examining the ramifications of globalization within the context of labor rights. Moreover, the article suggests changes to international labor law, required to ensure that it functions as an effective instrument in protecting labor rights and proposes establishing regional parliaments—a supra-governmental body—composed of states and a broad array of interested private parties in its activities to establish fundamental principles relating to various areas of life, such as the basic rights of workers, taxation principles, and principles for protecting the environment. These regional bodies would decide which of the various models used for shaping the right to minimum wage should be adopted as a fundamental principle.

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 PECULIARITIES OF CONSIDERATION OF CIVIL ACTIONS ON THE PROTECTIONOF THE RIGHTS OF THE PHYSICAL PERSON OF THE SUSTAINED DEFINITION OR DAMAGE TO HEALTH WORKING UNDER THE LABOR CONTRACT

2018 ◽  
Vol 64 ◽  
Author(s):  
N.M. Yasynok ◽  
V.O. Kapustian
Keyword(s):  
Judicial Review ◽  
Case Presentation ◽  
Employment Contract ◽  
Labor Contract ◽  
Procedural Law ◽  
Specific Category ◽  
General Rules ◽  
Legislative Framework ◽  
Civil Cases ◽  
The Right

The article is devoted to the analysis of the features of the procedural judicial review of civil cases on the protection of the rights of an individual injured or injured while working under an employment contract in accordance with civil procedural law. Analyzed the legislative framework, enshrined the right of a citizen to compensation for injury due to injury or damage to health working under an employment contract. It is determined that disputes about the amount of damage and the right to compensation for it are considered by courts in the lawsuit proceedings according to the general rules. It has been established that when considering civil cases for compensation for injury due to injury or damage to health, working under an employment contract, there are certain peculiarities regarding the jurisdiction of cases, involvement of third parties to the case, presentation of evidence and subject of proof, which is due to the specific category of cases.

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