Mechanisms for the protection of labor rights during the period of marital status

Abstract

The article contains a legal analysis of the concept of the mechanism of protection of the violated labor rights of the employee during the period of martial law. During the research, the concept of the protection mechanism is defined. The legal protection mechanism is a system of interrelated elements. Among the elements of the mechanism of protection of violated labor rights, the following are distinguished: subjects of protection of labor rights, legal norms, forms of protection. The protection of violated labor rights is a set of normative and legal measures that are carried out with the aim of restoring violated rights. At the same time, organizational and legal methods are used to stop and prevent violations of labor legislation, as well as to restore violated labor rights of citizens. The form of protection of violated labor rights is associated with the entity that provides such protection. General protection is carried out directly by courts, and special protection is carried out by controlling bodies. The prosecutor's office and the commission on labor disputes should be singled out among the controlling bodies. Non-jurisdictional methods of protection include self-defense, arbitration courts, and public protection. Among the methods of protection, three main ones are defined: restorative, stopping, penalty. The legal mechanism also means the ability to perform certain actions for the protection of rights and freedoms, therefore, the mechanism for the protection of labor rights is also a set of consecutive actions carried out by the subject whose rights have been violated. The means of protection in such cases will be reinstatement in the previous position, payment of material compensation, and in the case of dismissal of the employee at his own will, the issuance of the employment book to the employee.