Institute of Labor Rights Protection as an Element of the Labor Law System

Abstract

Labor law of Ukraine is one of the most social branches of law, as it not only regulates labor relations, but also ensures the implementation of socio-economic rights of workers. In the new economic conditions, the problem of ensuring the protection of labor rights and legitimate interests of employees is extremely important.
 The protection of labor rights is seen in various senses, including as an institution of labor law. It is noted that the protection of labor rights is considered as an independent institution of labor law (narrow understanding of the protection of labor rights), which presents all available in the legal system and possible methods (measures) to protect labor rights.
 The Institute for the Protection of Labor Rights is one of the central institutes of labor law. The content of this institute consists of: the content of basic labor rights and human freedoms; forms of protection; methods of protection by which protection is provided; protection procedure; conditions of legality of realization of the right to protection of labor rights and freedoms.
 In order to develop an effective mechanism for the protection of labor rights, it is necessary to define the concept of the form of protection of labor rights, its types and methods of protection. The form of protection of labor rights is defined as the procedure for the protection of subjective labor rights and legitimate interests. This procedure includes a set of organizational actions, the list of which depends on the subject of protection and the subject whose rights and interests are protected. The method of protection of labor rights is defined as a specific action aimed at protecting subjective labor rights and legitimate interests or to remove obstacles to the exercise of these subjective rights.