Кодифікація національного трудового законодавства в контексті європейської інтеграції

Abstract

The article defines the content of the principles, tasks and features of the codification of national labor legislation to international legal standards in the context of European integration. It was found that the main principles of the European social model and directions of social policy are enshrined in the main documents of the Council of Europe: the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter (revised), as well as in the documents of the European Union: the Treaty on European Union, the Charter Communities on the basic social rights of workers, the Charter of Basic Rights of the EU, EU directives, regulations. It has been objectified that the issue of taking into account international experience regarding the codification of labor legislation involves: 1) taking into account the international experience of legal regulation in the part of provisions regulating anti-discrimination policy regarding the expansion of the list of discriminatory actions and factors; 2) enshrining in the ILO Charter the authority of the Committee of Experts, including the function of interpreting international labor standards, to oblige member states to change national legislation; 3) strengthening information interaction, reducing the number of legislative acts, strengthening responsibility in the field of labor protection; 4) creation of a center for labor migration and expansion of the rights of labor migrants in Ukraine, in particular in terms of their social security; 5) mechanisms for raising the minimum wage should be correlated with changes in the «consumer basket». It has been proven that the legal basis of the codification of the labor legislation of Ukraine cannot be constructed without taking into account and comprehensively covering the international legal norms that regulate the issues of labor migration, discrimination, occupational safety and hygiene, informing employees, and paying for their work. These issues, along with establishing and guaranteeing fundamental labor rights, should become a key direction of state social policy.