scholarly journals Theoretical and legal aspects of the development and introduction of background and remote work in modern realities

2020 ◽  
pp. 56-62
Author(s):  
OLEKSANDR Yakovlyev ◽  
Maryna Vandzhurak
Keyword(s):  
Information And Communication Technologies ◽  
Labor Relations ◽  
Standard Form ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
New Production ◽  
Home Based ◽  
Home Work ◽  
The Impact

Problem setting. The authors were interested in such issues of labor relations as the distinction between the concepts of home and remote forms of employment by employees. Due to the global coronavirus pandemic and other global destructive processes caused by it. In Ukraine, typical changes are non-standard working hours, remote employment. There are no exact statistics on the number of people working remotely in Ukraine. But these processes in the field of employment already affect the social and labor sphere, because under their influence changes both the structure and content of social and labor relations. This work is devoted to the analysis of home and distance work, as well as the impact of globalization processes on them. Target of research. The purpose of the article is to the provide a comparative description of home-based work and telework, identify their common features and differences, which in turn will identify ways to improve existing legislation in the field of teleworking. Analysis of resent researches and publications. The following scientists were engaged in research of the specified issue: A. Ya. Bartkiv, N. M. Vapnyarchuk, I. Ya. Kiselyova, A. M. Kolota, A. D. Lukina, A. A. Morozova, I. I. Motornaya, M. I. Nanieva, O. A. Naumenko, S. M. Prilipka, A. V. Sardaryan, V. V. Yurovskaya, O. M. Yaroshenko. Article’s main body. A. M. Kolot defines the essence of remote employment and the fact that it is quite clearly defined as a non-standard form of employment, which is applied to the flexible social and labor relations between employee and employer and takes place in a virtual environment using information and communication technologies. S.M. Prilipko and OM Yaroshenko, internal labor regulations are the order of behavior and interaction between employees and the employer in the process of employment at a particular enterprise. In fact, this is the rule of law within the enterprise. In other words, the internal work schedule determines the organization and procedure of work, as well as the related rights and responsibilities of the employer and employees. Naumenko O.A. emphasizes that, the advantages of home-based work are that not being able to increase the wages of employees by the employer, he can encourage a convenient mode of work, which can compensate for the lack of material incentives and meet his needs more than additional funds. The opportunity to spend more time in a social environment, to have freedom in movement, location, choice of their rhythm of life, which provides home work, is more important than a high salary or a prestigious position. The main value of this definition is that homesteading acts as an additional form of employment and is of great economic importance. The development of this type of work allows to expand production, make fuller use of local resources and industrial waste without high costs for the construction of new production facilities and administrative and production staff. The development of home-based work is constrained by the lack of proper legal regulation of this area of activity. Conclusions and prospects for the development. Author think, this article will be useful both for novice scholars, as it contains many generalizations of theoretical material based on the work of many authors, and for experienced professionals in the field of labor law. Because the authors focus on many problematic issues related to remote and home work. It can serve as a springboard for scientists to further research, both the institutes of telecommuting and home labor, and labor law in general.

Remote (remote) work: some aspects of legal regulation and enforcement

2020 ◽  
pp. 4-14
Author(s):  
N. N. Sokolenko ◽  
A. L. Mkrtchyan
Keyword(s):  
Information And Communication Technologies ◽  
Large Scale ◽  
Labor Relations ◽  
Labor Law ◽  
Communication Technologies ◽  
Legal Regulation ◽  
Remote Work ◽  
The Real ◽  
The World ◽  
Information And Communication

The onset of the Covid-19 pandemic, due to objective circumstances, led to a large-scale spread of the mode of work outside stationary workplaces, to the development of interaction between the parties to labor relations using information and communication technologies. So, the contradictions between the real processes in the world of work during the pandemic and Russian labor law were revealed.

scholarly journals Newest factors in economic development and labor law reform problems

2019 ◽  
Author(s):  
V. Zhernakov
Keyword(s):  
Economic Development ◽  
Public Relations ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
Radical Innovations ◽  
Stage Of Development ◽  
Labor Legislation ◽  
The Social

Problem setting. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the draft Law “On Labor” caused significant changes not only in the mechanism of regulation of social and labor relations, but also in the subject and system of labor law. By this, the liberal model of the economy is extended to relations in the sphere of labor, and labor itself is unreasonably regarded as a procedure for engaging in work on the basis of individual employment contracts. However, some of the legal mechanisms proposed in the project contradict international labor standards. Target of research. Based on the doctrine of the system of relations in the social-legal sphere and generally accepted legal codifications, it is necessary to research the mechanism of updating the labor legislation proposed by the Cabinet of Ministers of Ukraine. Object of research. Public relations in the sphere of labor and mechanism of systematization of labor legislation. Analysis of recent researches and publications. Issues related to the reform of labor law, which has been going on for many years, have been researched by leading scholars in the field of labor law. Among them are: Amelicheva L.P., Burak V.Y., Zhigalkin P.I., Pylypenko P.D., Prylypko S.M., Simorot Z.K., Silchenko S.O., Simutina Ya. V., Khutoryan N.M., Chanisheva G.I., Yaroshenko O.M. and many other scientists. In their works the substantive moments of the development of labor legislation are analyzed, but they do not affect radical innovations in the legislative activity of the Cabinet of Ministers of Ukraine. Article’s main body. The Cabinet of Ministers’ submission to the Verkhovna Rada of Ukraine of the bill (draft Law) “On Labor” (registration No. 2708 of 28.12.2019) introduces radical changes in the mechanism of regulation of social and labor relations. They require scientific reflection and the formation of approaches to solve the complex problems facing the labor law community. The article analyzes the processes and problems in the reform of the labor legislation. On the basis of researches of scientists-economists, lawyers of different specialties the author’s vision of the situation is formed; the most important problems that need to be solved at this stage of development of the social and labor sphere are singled out. The main shortcomings of the draft Law of Ukraine “On Labor” are indicated and the ways of their solution are overcome. Conclusions and prospects for the development. To the common factors of economic development (globalization, European integration processes) that influence the formation of the legal mechanism of regulation of relations, formed in recent years in Ukraine, were added such realities as the spread of non-standard forms of employment, liberalization of economic processes. If new forms of employment are objective realities that require awareness and appropriate legal regulation, then the implementation of the liberal model in the economy as a whole and in the regulation of social and labor relations in particular is subjective. It can worsen the human rights situation in the social and labor sphere. The process of reforming labor law must be consistent with the systematic nature of legal regulation and professionalism in the preparation of regulations. The Government’s draft Labor Law cannot be recognized as being in accordance with the above requirements.

Features of legal regulation of labor relations regarding the implementation of legal guarantees

2021 ◽  
Author(s):  
M. Pyzhova
Keyword(s):  
Public Relations ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Main Body ◽  
Independent Form ◽  
Single Method ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

Problem setting. The implementation of the norms of a particular branch of law can occur only in the relations that constitute its subject, thus transforming these relations into legal relations. Labor law is no exception. In this regard, the rules on guarantees must be considered in terms of implementation in relations that are part of the subject of labor law. Note that the relations that are the subject of labor law are governed by special methods that form a single method of this branch of law. This, in turn, gives rise to the assertion that an additional circumstance that allows to include the relations included in the subject of labor law to an independent form, is the possibility of applying to these relations methods of legal regulation characteristic of the method of this branch of law. This approach should be used in relation to the provision of guarantees and compensation, the inclusion of which in the subject of labor law as a separate type is not excluded. To do this, we highlight the main methods of legal regulation proposed by the science of labor law, which characterize the method of this branch of law. Analysis of recent research. The works of many labor scientists, in particular: N. Bobrova, M. Vitruk, D. Karpenko, T. Markina, P. Nedbayl, K. Urzhinsky, are devoted to the study of guarantees in labor law. V. Skobelkin, O. Smirnov, N. Stolyar, L. Surovskaya, O. Yaroshenko and others. Target of research is to consider the relationship between the methods of legal regulation of the method of legal law for the provision of guarantees and compensation. Article’s main body. The article covers the issues of legal regulation of labor relations for the implementation of legal guarantees. The peculiarities of the method of legal regulation are described. It is indicated how the methods of legal regulation of the method of labor law relate to the relationship of providing guarantees and compensations. It is concluded that the regulation of relations on the provision of guarantees and indemnities takes place using special methods that are not used in relations that are the subject of labor law. Conclusions and prospects for the development. Thus, the characteristics of the method of labor law, in terms of the possibility of applying its methods to the relationship of guarantees and compensation allows us to draw the following conclusions: the method of labor law is a special combination of ways to influence the rules of law on public relations. The regulation of relations for the provision of guarantees and compensation is using methods that determine the method of labor law. At the same time, the regulation of relations on the provision of guarantees and indemnities also takes place using special methods that are not used in relations that are the subject of labor law. This fact determines the specifics of their intended purpose and indicates the presence in the system of labor law of an independent legal institution – the institution of guarantees and compensations.

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.

scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

The impact of information and communication technologies on the economic efficiency of agricultural production

2021 ◽  
pp. 30-32
Author(s):  
E.G. Abdulla-Zade ◽  
◽  
R.E. Shertsel ◽  
A.I. Ivanus ◽  
◽  
...  
Keyword(s):  
Information And Communication Technologies ◽  
Agricultural Production ◽  
Crop Production ◽  
Communication Technologies ◽  
The State ◽  
Information Support ◽  
New Production ◽  
Information And Communication ◽  
Production Relations ◽  
The Impact

Questions and problems related to new production relations arising from the use of information and communication technologies in the technological processes of agricultural production (point farming, differentiation of information support through the reception, processing, presentation of information about the state of the soil, animals, the environment, etc.) between the object and the subject of management are investigated and analyzed. The system of collecting and wireless transmission of data on the state of the soil by means of mobile and stationary sensors with the subsequent analysis of information for making optimal management decisions in crop production is considered.

Mobbing in labor relations

2020 ◽  
pp. 13-19
Author(s):  
Alla Yushko ◽  
Daryna Chekhun
Keyword(s):  
Labor Relations ◽  
Conflicts Of Interest ◽  
Sense Of Self ◽  
Legal Regulation ◽  
Psychological Climate ◽  
Professional Activity ◽  
Main Body ◽  
Wrong Decision ◽  
Psychosocial Risks ◽  
Psychological Pressure

Problem setting. The success of any work team depends on the WORK of each employee. One of the destabilizing factors of the work process, which leads to a tense situation in the team, reduce employee efficiency and increase the likelihood of making the wrong decision, is psychological pressure. This phenomenon is called “mobbing”. In modern conditions, the legal regulation of protection against psychosocial risks in the workplace is an important trend in creating safe and healthy working conditions. Analysis of resent researches and publications. Despite recent research and publications as foreign scholars (D. Burton, M. Wilson, F. Gabriel, T. Doyle, R.S. Kessler, I.Y. Kiselyov, X. Leimann, M.A. Murray, R. D. Schwartz) and domestic researchers (V. O. Evdokimov, L. P. Garashchenko, T.A. Kolyada, O.S. Kravchenko, I.V. Lagutina, A.I. Marenich, I.S. Saharuk, S. I. Simakova, M.P. Fedorov, A.V. Shamshieva and others), legal regulation of mobbing in Ukraine is still almost absent. Target of research. The purpose of this article is to identify problems of legal regulation of mobbing in labor relations, highlight the causes of mobbing, as well as the preparation of proposals for legislation in this area on the possibility of preventing harassment in the workplace. Article’s main body. The paper conducts research the problems of mobbing (or harassment in the workplace). The legislation of Ukraine does not provide for liability for harassment in the workplace. Bills submitted to the Verkhovna Rada of Ukraine to regulate this phenomenon have never been adopted. The paper considers the causes of harassment of workers in the workplace, the main types of mobbing (vertical and horizontal), the responsibilities of the manager to detect and combat mobbing among subordinates, suggested ways to prevent it. Conclusions and prospects for the development. Based on the above, the following conclusions are made: (1) the productivity of professional activity of the employee largely depends on the psychological climate in the team. Problems that arise due to misunderstandings with colleagues or management, conflicts of interest of the employee and the company, lack of help, cause psychological discomfort, varying levels of stress or even provoke mental disorders in employees; (2) enshrining in laws, local regulations norms and rules that provide each employee with maximum social and psychological comfort in the workplace and guarantee the inadmissibility of mobbing, is a necessary step in the legal regulation of labor in Ukraine at the present stage; (3) such norms will reflect the level of culture of society, its civilization, as well as a qualitatively new nature of modern labor relations, in which the employee is a well-educated, highly qualified, welldeveloped person with a sense of self-worth.

A Modern Vision of Methodological Approaches in Regulation of Labor Relations

2019 ◽  
Vol 10 (7) ◽  
pp. 2070
Author(s):  
Oleksii I. OSTAPENKO ◽  
Leonid O. OSTAPENKO ◽  
Oleksandra L. KHYTRA ◽  
Maryana TSVOK ◽  
Solomia VASYLIV
Keyword(s):  
Scientific Knowledge ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Practical Activity ◽  
Modern Development ◽  
The World ◽  
Methods And Techniques ◽  
Methodological Approaches ◽  
Modern Vision

Legal relations in labor activity are constantly undergoing reform in Ukrainian legislation. The reason for the reform can be considered the imperfection and instability of labor relations. These factors indicate the need to study legal relations in labor activities and understand the methodological approaches and the justification for reforming legislation. Based on the use of both general theoretical and branch scientific provisions, in particular labor law, it has been proposed in this research to develop main fundamental approaches to the methodology of legal regulation of labor relations in the context of modern development of Ukraine. The study revealed that the methods, methods and techniques used in the scientific knowledge of labor phenomena are interconnected and contribute to the formation of labor relations in the world of work. Conclusions are made regarding the nature and effectiveness of methodological approaches, their relationship with the principles of theoretical and practical activity of subjects of labor relations.  

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