НОРМИ-ПРИНЦИПИ У ПРОЕКТІ ТРУДОВОГО КОДЕКСУ УКРАЇНИ

Abstract

The article examines the norm of the draft Labor Code of Ukraine of 2019, which enshrines the principles of labor law. In particular, it is emphasized that among legal norms, the norms-principles are of particular importance. It is they who enshrine the constituent provisions in their content, which further determine the basis of the activities of the state, its bodies and other entities. Legal norms can be interpreted literally, ie a legal norm in its understanding completely coincides with a certain normative-legal provision, its textual expression. Instead, sometimes the content of a particular norm after its interpretation may be broader than its literal consolidation (broad interpretation). Conversely, when the content of the norm itself is understood more narrowly than the text enshrined in the normative legal act, we are dealing with a restrictive interpretation. Among the norms-principles proposed to be enshrined in the Draft LC, we can find different types of interpretation, which in turn affects the application of such constituent norms in different ways. One of these is the freedom of labor, which includes the right to work, which everyone freely chooses or freely agrees to. It turns out that in the project it is expedient to enshrine the freedom to conclude an employment contract. Closely related to the principle of freedom of labor is the principle of prohibition of forced labor, which in the draft, in turn, is proposed to be enshrined alongside the prohibition of child labor. It is impractical to do so. It would also be better to differentiate the principle of prohibition of discrimination in labor relations (as the scope of labor itself is a too broad concept that goes beyond the scope of the LC) as well as the principle of protection of rights and interests in court in case of violation of labor rights and the compensation for damage. A clear formulation of the principle of equality for labor law is currently extremely important. Even greater importance to this principle is given by its enshrinement in the norm of the codified act, namely the Labor Code. At the same time, it is necessary to take into account the dynamics of global changes that affect the political and economic course of countries, including Ukraine. This is primarily reflected in the adaptation of legislation to the ability to perform remote work, which is currently associated with the covid-19 pandemic. Equal access to the possibility of performing a labor function remotely should be granted to all employees, whose labor is permissible under such conditions. It is emphasized that the principle of ensuring decent labor includes the establishment of fair wages, safety at work, social protection of employees, as well as the opportunity to freely express their interests, including collective organization and participation in decision-making through the institution of social dialogue. And the principle of ensuring the protection of employees from unlawful dismissal includes the principle of protection against unjustified dismissal, as such a dismissal is also illegal. The principle of supervision and control over the observance of labor legislation is of paramount importance, as well.