ПРИНЦИП СВОБОДИ ДОГОВОРІВ ПРО ПРАЦЮ Й ЗАБОРОНИ ПРИМУСОВОЇ ПРАЦІ ТА ЙОГО РЕАЛІЗАЦІЯ ЯК ПІДҐРУНТЯ ВЗАЄМОДІЇ ПРАЦІВНИКА Й РОБОТОДАВЦЯ

Abstract

The purpose of the article is to characterize the principle of freedom of employment contracts and the prohibition of forced labor as a basis for interaction between employee and employer. The author notes that in the domestic science of labor law we do not find a single principle of freedom of contract and prohibition of forced labor, it occurs as two separate principles – freedom of contract of employment and prohibition of forced labor. The article substantiates the author's opinion that today in labor law Ukraine should talk about a single principle - the principle of freedom of employment contracts and the prohibition of forced labor, which is important not only for labor law as one of the main vectors of its norms, it is reliable. a platform for interaction between the employee and the employer in achieving a common result meaningful to them through the realization of their own interests. Emphasis is placed on the primacy of the employment contract in matters of the possibility of concluding employment contracts. After all, the employment contract is the platform that connects the joint legal relations of the employee and the employer and determines the possibility of detailing these and other relations derived from them. The author also provides suggestions for improving the current labor legislation.