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.

scholarly journals TRENDS IN LEGAL REGULATION FOR PSYCHOSOCIAL RISKS AT WORK

2020 ◽  
pp. 43-48
Author(s):  
I. Sakharuk
Keyword(s):  
Psychological Health ◽  
Occupational Safety ◽  
Health Management ◽  
Legal Regulation ◽  
Occupational Safety And Health ◽  
Psychological Climate ◽  
Digital Platforms ◽  
Psychosocial Risks ◽  
Safety And Health ◽  
The Impact

The article examines the psychosocial risks as an element of the occupational safety and health system. The author outlines that competition, higher expectations for productivity and working hours and other psychosocial hazards have resulted in increasingly stressful work environment. The legal grounds for psychological working conditions regulation are analysed. The author determines the recommendations for improving the legislation on occupational safety and health. The analysis of the main psychosocial risks is carried out. The paper substantiates the main directions for the improvement of occupational safety and health management systems. They include the integration of psychosocial risks in risk assessment for developing strategies for prevention and management of hazards; the ways to develop a safe psychological climate at the workplace; determining the impact of psychosocial risks at work on the physical health of employees; determining the correlation of overtime and sedentary work on the health of employees. The basic technological transformations and changes in the organization of work which influence the psychological safety of employees are investigated. The main risks to the employee's psychological health have been identified. They are 1) reduction of work-life balance; 2) isolation and lack of social interaction; 3) technostress and information overload; 4) expanding access to confidential information about the employee; 5) overtime; 6) non-standard forms of employment, 7) work on digital platforms. Particular attention is paid to counteracting mobbing and harassment at work.

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.

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.

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.

Differentiation of Legal Regulation of Labor Relations as Typical Tendencies of Labor Law Development

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Алия Нуртдинова ◽  
Aliya Nurtdinova ◽  
Людмила Чиканова ◽  
Lyudmila CHikanova
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Activity ◽  
Legal Form ◽  
Professional Activities ◽  
Special Rules ◽  
Polar Opposite

The articles dwells upon the issue of differentiation of legal regulation of labor relations which is seen as a legal instrument, which allows taking into account the specificity of social relations that are formed under the conditions of or among the labor law subjects and that have specific features. The differentiation is a polar opposite to the legal regulation unity which embodies the existence of a unified legal status of employees, their equality, and, ultimately, the unity of the branch of law, which is unthinkable without stability and certainty of legal standing of principal participants of relevant legal relations. Further differentiation of legal regulation of labor relations is one of the most typical tendencies in labor law development. The article notes that the grounds for differentiation, out of necessity to coordinate with the principle of equality, and hence abidance by discrimination prohibition, must be entitative, justified and directly linked with an object of legal regulation and satisfy the principles of clarity and unambiguousness. Based on the abovementioned criteria, the authors analyze such grounds of differentiation of legal regulation of labor relations as peculiarities of labor process, its organization, and the type and nature of labor activity, the field of economic activity which uses labor, and the working and environmental employment terms. The articles notes that the grounds for differentiation, chosen by a legislator, do not always correspond to the mentioned criteria. They are often arbitrary and do not reflect their objective need or do not correspond to the reality. For example, inclusion into the Labor Code of peculiarities of legal regulation of labor relations for those categories of workers, in relation to whom these peculiarities have already been established by special laws. In fact these rules do not convey any regulatory meaning and therefore complicate the legislation and do not contribute to clarity and transparency of those workers’ legal status. The analysis shows that the employer’s legal form and the peculiarities of the employees’ professional activities have recently become the mostly widespread grounds for differentiation. The authors draw the conclusion that differentiation cannot be considered valid if it was derived on the basis of one criterion (the employer’s legal form) without taking into account other significant criteria. While the admissibility (and sometimes the necessity) of setting the specificity of legal regulation based on the peculiarities of labor (professional) activity does not raise doubts. The only issue that could be raised is the issue of existence (or absence) of such peculiarities and of the advisability of specific manifestations of the differentiation, i.e. special rules adopted by a legislator.

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.

Value and motivational aspects of employee personality in the monetary and financial sector

2019 ◽  
pp. 95-101
Author(s):  
D. V. Vel’misova
Keyword(s):  
Organizational Performance ◽  
Labor Relations ◽  
Employee Performance ◽  
Group Analysis ◽  
Financial Sector ◽  
Employee Motivation ◽  
Semantic Space ◽  
Value Systems ◽  
Professional Activity ◽  
Professional Qualification

The presented study examines the value and motivational aspects of employee personality in the monetary and financial sector in 2017–2019.Aim. The study aims to perform a sociological analysis of value and motivational aspects and to substantiate their regulatory role in improving employee performance in the monetary and financial sector.Tasks. Based on the proposed methodology for the diagnostics of the value and motivational aspects of employee personality in the monetary and financial sector, the author performs an empirical analysis of the professional activity of different employee categories, identifies the major orientations and preferences, and develops a five-step plan to improve employee motivation in professional activity.Methods. The theoretical and methodological basis of this study includes findings of Russian and foreign authors in the field of value systems, motives, personal priorities, their formation, dynamics, and impact on individual and social development.Results. The study determines the essence of value and motivational aspects; develops a refined methodology for the diagnostics of the value and motivational aspects of employee personality in the monetary and financial sector; performs a comparative analysis of value and motivational aspects, including detection of statistically significant differences depending on employee affiliation with professional qualification and status groups; identifies patterns in the dynamics of the value-semantic space of monetary and financial organizations in the field of social and labor relations.Conclusions. The main conclusion to be drawn from this study is that the structure of value and motivational aspects, which are an attribute of the quality and performance of employee labor in the monetary and financial sector, differs significantly depending on employee affiliation with a certain status or professional qualification group. Analysis, modeling, and monitoring of the value and motivational aspects that characterize certain social and professional roles, interpretation of this information and its application in the regulation of social and labor relations are the crucial componentsof management of labor quality and organizational performance. 

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

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.

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