Main trends in the development of labour law under the conditions of martial state

Abstract

The article emphasizes the role and importance of labour law as one of the fundamental branches in the legal system of Ukraine. Labour law is distinguished from other branches of law, first of all, by its social focus. In the conditions of martial law, labour law remains the guarantor of ensuring the labour rights of employees and employers and does not change its essence, social significance and social purpose.
 The main task of modern labour law in the conditions of martial law, as in peacetime, remains the development of an effective sectoral mechanism for ensuring the labour rights, freedoms and interests of employees and employers. It is about the proper establishment of the list of basic labour rights of the employee and the employer at the legislative level in accordance with international and European standards, as well as guarantees of their implementation, forms, methods and means of protection.
 Based on the analysis of the content of legislative acts adopted under martial law, the following main trends in the development of modern labour law in a special period have been identified:
 1) establishment of certain limitations and features of the organization of labour relations with observance of minimum labour guarantees;
 2) strengthening the protection of labour rights of employees and guarantees of their implementation;
 3) strengthening the flexibility of legal regulation of labour relations, employee mobility when exercising the right to work;
 4) expansion of the contractual basis for regulating labour relations.
 Emphasis is placed on the fact that when adopting new laws, introducing changes and additions to existing acts in the conditions of martial law, the legislative approach to the regulation of individual and collective labour relations should remain unchanged and, as in peacetime, should be aimed at preserving labour law as a separate branch of law with its independent sectoral legal mechanism – subject, method, principles of legal regulation, system of the branch of law, its sources and functions.