Характеристика свободи волі працівника і роботодавця при зміні трудового договору під кутом комунікативної раціональності

Abstract

The article aims to characterize the freedom of will of the employee and the employer when changing the employment contract from the perspective of communicative rationality. The author notes that the employee’s labor process during the exercise of his right to work at the employer’s enterprise, institution, or organization inevitably involves communication between the parties to the employment contract. Attention is focused on the development of legal regulation of relations with the realization of the right to work, which, with the development of society, was able to cover numerous collectives, uniting workers, and using work as a means of joint activity. It is proven that by being equal at the stage of concluding an employment contract and freely expressing their will, the employee and the employer do not lose this equality and this right to be in a legal relationship according to their will. This morality has acquired normativity thanks to the design of the modern content of the norm of Article 32 of the Code of Criminal Procedure of Ukraine. It is concluded that the communication of the parties to the employment contract, which takes place during the production process, allows the employee and the employer to decide on further actions, to understand what is needed both to continue the efficiency of the enterprise and to open a new potential of these relations, and to direct the change of the employment contract precisely to it. Due to the manifestation of the free will of the parties to the employment contract, the boundaries of which are defined by the norms of the current legislation, built considering the moral-normative substance, identification of one’s place in the given legal relationship or outside of it for the nearest period takes place. The apparent meaning of the agreement as an agreement of the parties, which is the basis of the employment contract, determines the directions and algorithms for possible changes to the latter: with the consent of both parties, in the case of agreement of the conditions covered by the content of the employment contract, but not against the will of the other party, forcibly. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.