ФОРМИ ТА СПОСОБИ ЗАХИСТУ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ

Abstract

The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor rights of the employee is endowed with broad powers to choose the means of protection of labor rights in accordance with the provisions of Article 16 of the Civil Code of Ukraine. Considering the labor disputes on the rules of civil procedure, the court considers not only the labor dispute essentially and resolves the issue of restoration of the violated or disputed subjective labor law, but also resolves the property component of the dispute about the payment, partial payment or non-payment of the claim. Other bodies except court are not endowed with such competence. It is challenged the view that an employee's self-defence of his or her subjective employment right is effective only in cases where the employer does not intend to violate the employee's employment rights. It is emphasized that till today, labor law does not use a mediation that is quite capable to help to resolve a number of labor disputes and conflicts. The mediation can be useful for resolving both collective and individual labor disputes. Its main advantage as a form of protection of labor rights and legitimate interests is the efficiency and speed of resolving the case essentially. The participation of the mediator, as a disinterested party in resolving the dispute, allows the parties to the dispute to understand the situation and voluntarily work out a way out of the dispute, while the parties can make concessions to each other to speed up the case solution. However, till now in Ukraine there is no legal regulation of mediation, and this properly slows down the spread of this form of protection in the field of labor disputes (conflicts).