Особливості взаємодії суб’єктів кодифікації трудового законодавства в Україні

Abstract

The article outlines the peculiarities of the development of the interaction between the subjects of the codification of national labor legislation. It is noted that the level of effective implementation of rights by employees and employers also determines the nature of the interaction between the subjects of the codification of labor legislation, which arises in connection with the process of implementation of the constitutional right to work by citizens. Therefore, in order to ensure equal opportunities for participation in the codification work of employees and employers, it is necessary to clearly define their basic rights in the Labor Code of Ukraine. In particular, the consolidation of the basic labor rights of employees and employers should take place in the aspect of expanding the application of international standards for the involvement of employees in making legally important decisions. The provision of equal rights for employees and employers and the focus of labor legislation on expanding the powers of employees and employers in the work process will allow optimizing labor relations as a whole. The following features of the interaction of subjects of the codification of labor legislation were determined: 1) involvement of public representatives, namely employees, employers and their associations in the process of adoption of the new Labor Code of Ukraine; 2) increasing the authority of codification in terms of expanding the labor rights of employees; 3) delegating the resolution of issues resolved at the centralized level to the local level; 4) coordinating the interaction of the subjects of the official codification of labor legislation in Ukraine and the Council of Europe, the European Commission as an institution of the European Union, which is entrusted with the functions of the executive body; 5) strengthening of collective agreement regulation within the framework of social dialogue, which affects the formation of new provisions of the draft Labor Code of Ukraine; 6) joint focus on harmonizing norms of the field of labor law and norms of labor legislation; 7) the need to create a single codification body in Ukraine – the Higher Codification Commission.