On the question of legal warranties when renewing at work

Abstract

Problem setting. The article considers the legal guarantees for the re-employment of employees, their nature and significance, as well as draws attention to case law, in particular, states that employees who believe that their rights have been violated can go to court to protect it. It is emphasized that today the observance of legal guarantees of labor rights of citizens occupies one of the important places in the system of universal values and is a prerequisite for the formation of the state and society, which ensure the human right to a decent standard of living. Because, without an effective system of legal guarantees, it is impossible to ensure the unimpeded exercise of the rights granted to every citizen. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V.M. Andriyiv, S. Ya. Vavzhenchuk, O.O. Duma, M.I. Inshin, O.A. Sytnytska, O.V. Smirnov, O.M. Yaroshenko, and others. The purpose of the article is to explore the legal guarantees for the renewal of employees, their nature and significance. Article’s main body. Legal guarantees of labor rights when resuming employment are considered as a separate, independent, legal category, which is a set of general and special legislation means, methods and conditions of implementation, protection and protection from wrongful violations of labor rights, freedoms and interests of employees. It is noted that the reinstatement of an employee as a means of protection contributes to the return of his lost condition – the restoration of labor relations. Implementation of this measure in case of dismissal of an employee without legal grounds or in violation of the established procedure is ensured by the implementation of the law enforcement body of the state – the court – certain actions that are reduced to guaranteeing (compulsory security) the employee’s right to work. Conclusions and prospects for the development. It is concluded that the legal guarantees of labor rights during reinstatement are designed, above all, to minimize the negative consequences for employees, to prevent a decrease in the level of social and legal protection of employees. The presence of real guarantees, on the one hand, contributes to the quality and effective performance of their employment function, on the other – their availability ensures the appropriate level of legality and compliance with current regulations by the parties to the employment relationship.