Comparison of the labor code and the draft law "On labor": employment contract

Abstract

The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that the intensive development of labor relations and European integration "require" a clear, flexible, and understandable legislative regulation of labor relations, in particular in terms of proper social protection of workers, ensuring wages and labor rights of the latter at a decent, European level, in accordance with the conventions of the International Labor Organization, and the importance of labor unions. The works of legal scholars in the field of labor law, who spoke on this topic, were used and analyzed. The experience of other European countries, their path as a candidate country, legislative regulation of the labor sphere and foreign research on the labor market, as well as statistics of domestic institutions for the period 2021-2022, were used. Attention is drawn to the importance of social dialogue between employers, employees and trade unions. The conclusion is made about the need to finalize the draft law, which should meet the latest needs of modernity, the vector of the post-war development of Ukraine, its socio-economic doctrine, legislative acts of Ukraine, Conventions of the International Labor Organization and Directives of the European Commission, and the need for a new Labor Code, not the Law of Ukraine "On Labor".