Labor Rights Of Employees Research Articles

Dress code rules and employee discrimination

The article notes that dress code and uniform are concepts that are often used in practice as synonyms, but in fact they are not identical. A uniform is a uniform outfit made specifically for employees of a particular enterprise, institution, organization, and their structural units. Unlike uniforms, a dress code is a requirement to follow certain guidelines regarding the appearance of employees, primarily clothing. In other words, a dress code is a list of rules and guidelines regarding the clothing that is allowed or prohibited to be worn. The main purpose of introducing a dress code for employees is to ensure a professional and cohesive appearance that is consistent with the company’s image and values. The authors of the article point out that the Labor Code of Ukraine, the basic regulatory act for labor relations, does not contain such concepts as “dress code” or “uniform”, and there are no provisions on the mandatory nature of the dress code rules for employees, since its introduction is the right of the employer. The article emphasizes that in practice, there may be cases when the established dress code will violate the rights of employees, namely, will be discriminatory, although it can be quite difficult to prove that the established dress code is discriminatory, since in many cases it is quite legal. When developing a workplace dress code, employers should prioritize inclusiveness and gender neutrality to avoid discrimination. The introduction of religiously neutral dress codes can only be objective if a number of conditions are met, as emphasized by the European Court of Human Rights in its judgment of July 15, 2021. The author concludes that the absence of legally defined requirements for a dress code, namely, general criteria and features which should be taken into account in case of its introduction for employees of any enterprise, institution or organization, on the one hand, gives the employer freedom of action, and on the other hand, may lead to violation of employees’ labor rights, namely, their discrimination on the basis of gender, religion, health status or disability. Despite the rapid development of society in the direction of equality, promotion of tolerance to employees regardless of their race, gender, skin color, age, religion, the dress code, no matter how strange it may sound, may become the cornerstone of stumbling blocks where the equality of labor rights of employees may not be taken into account or partially taken into account.

ISSUES OF IMPROVING THE LEGAL FRAMEWORK FOR STATE CONTROL AND VERIFICATION OF COMPLIANCE WITH LABOR RIGHTS OF EMPLOYEES

this article analyzes the norms of the Constitution and legislative acts adopted in the new edition as the legal basis for state control and inspection of compliance with labor rights of employees. In particular, systemic problems in the norms of the law are studied based on the experience of the legislation of foreign countries. In the article, the author substantiates the need to improve legislation, in particular, to develop and adopt the law "On state control of the activities of business entities".

Observance of the labour rights of persons who have been deprived of their personal liberty as a result of armed aggression

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

Peculiarities of working conditions for employees with a remote form of employment

Today, the problem of improving working conditions and improving their organization is quite urgent, in particular, the issue of working conditions for workers with non-standard forms of employment, in particular remote employment, which is gaining importance today, needs to be resolved. The purpose of the article is to study the peculiarities of working conditions for employees with remote employment, to identify problems and to propose ways to eliminate them. It is noted that with the appearance of non-typical (non-traditional) forms of employment on the domestic labor market, both practitioners and scientists are increasingly questioning the employer’s ability to fulfill the duty assigned to him to guarantee employees whose work does not fit into the traditional framework of labor relations, safe and healthy working conditions. Therefore, the employer using this type of employment should also take care of additional protection of employees, in particular, in matters of occupational health and safety, especially today, when the danger is different, external, military. At the same time, analyzing the current labor legislation, it was established that the employer is responsible only for “the safety and proper technical condition of the equipment and means of production, which are transferred to the employee to perform remote work”, and he does not have the obligation to ensure safe and harmless working conditions for the employee. Therefore, supporting other researchers of this issue, it is suggested that among the special conditions of the labor contract on remote work, there should also be a condition on ensuring labor safety, in order to oblige the employer to ensure the safety of the work of employees of the remote form of employment, in particular, to make sure that the assigned work can be performed safely at home by such an employee, has appropriate equipment and tools for safe work at home, received appropriate information, instructions and training (including in the event of an emergency), and also took measures to ensure the physical and psychological well-being of employees. Since remote work should not entail any restrictions on the scope of labor rights of employees, that is, a remote worker should have the same rights and obligations as other employees.

Monitoring by the Ombudsman of Ukraine for compliance with the labor rights of civilians who have disappeared under special circumstances

The results of the monitoring of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding compliance with the labor rights of persons with the status of persons who have disappeared under special circumstances are presented. The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. Attention was drawn to the fact that the observance of such rights, especially in the conditions of martial law, is an important aspect of state policy. The purpose of the article is to analyze the legislation regulating compliance with the labor rights of civilian employees who are missing due to military aggression by the russian federation. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge: dialectical, comparative-legal, formal-logical, systemic-structural. On the basis of the conducted analysis, it was established that the legal norms that guarantee the preservation of the labor rights of the investigated category of employees are imperfect, which prevents the proper realization of the constitutionally guaranteed labor rights of employees who are missing. It has been established that there are different approaches to ensuring the labor rights of civilian employees depending on the position. It was established that the absence of a clear list of persons authorized to perform state functions makes it impossible to determine a complete list of such persons. The role of the Ombudsman of Ukraine in observing the labor rights of the specified category of persons is emphasized. The imperfection of the mechanism of informing the owner of the Register of missing persons of the employer about the acquisition of such a status by the person was noted. It has been established that in the absence of a missing person, the employer is unable to pay wages to the relatives of the missing person, and there is no order among relatives in the possibility of receiving wages. On the basis of the conducted research, conclusions were formulated regarding the gaps in the legislation, which lead to the violation of the labor rights of the specified category of citizens. On the basis of the received conclusions, in the future, proposals for normative legal acts may be formulated with the aim of restoring the violated constitutional rights of the missing persons, as well as their family members and relatives.

Monitoring by the Ombudsman of Ukraine for compliance with the labor rights of civilians who have disappeared under special circumstances

The results of the monitoring of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding compliance with the labor rights of persons with the status of persons who have disappeared under special circumstances are presented. The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. Attention was drawn to the fact that the observance of such rights, especially in the conditions of martial law, is an important aspect of state policy. The purpose of the article is to analyze the legislation regulating compliance with the labor rights of civilian employees who are missing due to military aggression by the russian federation. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge: dialectical, comparative-legal, formal-logical, systemic-structural. On the basis of the conducted analysis, it was established that the legal norms that guarantee the preservation of the labor rights of the investigated category of employees are imperfect, which prevents the proper realization of the constitutionally guaranteed labor rights of employees who are missing. It has been established that there are different approaches to ensuring the labor rights of civilian employees depending on the position. It was established that the absence of a clear list of persons authorized to perform state functions makes it impossible to determine a complete list of such persons. The role of the Ombudsman of Ukraine in observing the labor rights of the specified category of persons is emphasized. The imperfection of the mechanism of informing the owner of the Register of missing persons of the employer about the acquisition of such a status by the person was noted. It has been established that in the absence of a missing person, the employer is unable to pay wages to the relatives of the missing person, and there is no order among relatives in the possibility of receiving wages. On the basis of the conducted research, conclusions were formulated regarding the gaps in the legislation, which lead to the violation of the labor rights of the specified category of citizens. On the basis of the received conclusions, in the future, proposals for normative legal acts may be formulated with the aim of restoring the violated constitutional rights of the missing persons, as well as their family members and relatives.

ЗАБЕЗПЕЧЕННЯ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ У ПЕРІОД ДІЇ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ

The article analyzes the characteristics of ensuring the rights of employees during the period of the legal regime of martial law. It has been established that the system of guarantees for ensuring the rights of employees and citizens in the conditions of the legal regime of martial law has undergone changes in relation to a set of objective and subjective factors, which are aimed at the practical implementation of universally recognized labor rights, respectively. Attention is drawn to the fact that the current legislation of Ukraine provides for a general procedure for ensuring the labor rights of employees during the period of the legal regime of martial law. Special regulations regarding the provision of labor rights refer to labor obligation as a type of short-term labor obligation. It is noted that the normative predictability of the guarantee of the rights of persons involved in compulsory labor testifies to the consideration of the interests and rights of the person both during the period of the legal regime of martial law and after its termination, an argument in favor of the stated thesis will be the existing normatively detailed procedure for involvement in labor duty at the level of a sub-legal normative act. The signs of a special labor obligation in the form of labor obligation are singled out, namely: 1) expression through the use of socially useful works, which must be performed within the framework of the introduced labor obligation; 2) initiation by military command and/or military administrations (if they are formed) through the adoption of a decision in the form of an act of the relevant military administration or military command; 3) the decision on labor obligation must include mandatory components; 4) the acquisition of a special labor obligation is associated with the absence of an opportunity for an able-bodied person to be drafted for military service, who, due to age and health, has no restrictions to work under martial law; 5) will not apply to the legally defined categories of able-bodied persons; 6) confirmation of a specific employment obligation for a specific person is reflected in a fixed-term employment contract; 7) the person to whom the labor obligation has been applied for the duration of the work is guaranteed to retain the previous place of work (position), etc. Key words: labor rights, legal regime, limitations of labor rights, labor contract, labor obligation.

Problems of Development of Social Partnership in the Field of Labor and Protection of Labor Rights of Employees

Problems of Development of Social Partnership in the Field of Labor and Protection of Labor Rights of Employees

Надомна робота і дистанційна робота: методологічний аспект розмежування понять нетрадиційних форм організації праці

The article aims to characterize home and distance work and establish the distinction between these concepts, considering the methodological aspect. The author notes that the pandemic of the coronavirus disease (COVID-19), which swept the world in 2020, as well as the full-scale armed aggression against Ukraine on February 24, 2022— acted as a catalyst for legislation on non-standard forms of employment because the usual form of employment with the performance of work at the employer’s location began to threaten the employee’s life and health. The genesis of the legal regulation of home and remote work is considered, emphasizing that, in essence, the legislator initially reduced two concepts to a synonymous understanding. The legal constructions of home and remote work are analyzed by establishing their features. It was concluded that homework and remote work are different legal phenomena and different forms of labor organization, the demand for which has increased many times over the last five years. The main conceptual difference between these forms of work organization is that home work is characterized by what is performed by the employee at his place of residence or in other premises defined by him, which are characterized by the presence of a fixed zone. Here, there is no possibility of performing work on the employer’s territory or premises. Remote work involves the performance of work by an employee outside the workplace or territory of the employer, in any place of the employee’s choice, without a fixed area for the performance of work by the employee. Attention is focused on the different legal nature and essential features of these forms of labor organization. It is substantiated that the clear distinction between the concepts of home and remote work, which is finally contained in the Labor Code of Ukraine, generally corresponds to the methodology of the science of labor law, considers the achievements of scientists in the field of labor law and the different nature of these concepts. That is, the current codified act on labor contains ordered definitions and does not differ in legal equilibrium. It is also summarized that the current definitions of home and remote work no longer allow for confusion in these categories and, therefore, reduce the risk of violation of the labor rights of employees, providing a legal basis for exercising their right to work in less dangerous conditions, which are typical for work at an employer’s company, when the entire workforce is gathering. Keywords: right to work, labor relations, legal regulation, employment contract, employee, employer, labor rights, employment, home work, remote work, remote worker.

Потенціал гармонізації національного трудового законодавства до європейських стандартів

The article reveals the potential of harmonizing national labor legislation to European standards in the context of Ukraine's European integration. In the context of the European integration of Ukraine, the constitutive principles of the realization of the right to work should be formed on the dominant principles: ensuring the maximization of legally defined labor rights and guarantees, the optimality of opportunities for their implementation, and effective prevention of violations of the labor rights of employees. It was determined that such constitutive principles primarily include the harmonious balancing of the productive and protective functions of labor law, which will contribute to ensuring the interests of employers and employees; the basis of reforming national labor legislation should be the observance of established social standards in the field of labor and the clear implementation of the Constitution, which does not allow narrowing of the content and scope of existing rights and freedoms when adopting new laws; reforming should take place in an evolutionary way, and only the provisions of national legislation that do not meet the rights and interests of employees and employers and the modern demands of the market economy should undergo radical changes; in the process of developing the new Labor Code of Ukraine, the practice of the International Labor Organization and the provisions of the legislation of the EU and countries with transition economies must be used to ensure optimal harmonization of national labor legislation with international and European legal standards in this area; it is expedient to shift the focus of legal protection of labor relations from the purely legislative level to the level of contractual regulation, primarily collective agreement, with the permissible use of social partnership mechanisms with the involvement of employers and trade unions; the basis of the reform of the national labor legislation is the elimination of all manifestations of discrimination against employees on the basis of race, article, political or religious beliefs and other circumstances provided for by the Constitution of Ukraine, with the preservation of increased conditions for the protection of the labor of women and young people and the specific prohibition of child and forced (mandatory) labor It is concluded that the right to work is one of the fundamental rights of a person, which provides him with a decent life and the opportunity to grow professionally and spiritually. Namely, European integration processes allow to raise the realization of this right to a completely new level, according to international and European legal standards.

The current state of legal protection of the labor rights of employees in case of insolvency of the employer or change of owner of the legal entity

The article is devoted to the study of legal support for the protection of labor rights of employees in case of insolvency of the employer or change of the owner of the legal entity in today’s realities. After all, employees are one of the least protected subjects of labor relations, and therefore they need guarantees of protection of their rights from both the employer and the state. Especially today, when the impact of the financial crisis on the economy of Ukraine, as a result of the war with the Russian aggressor, led to the unstable state of the state, most enterprises, organizations and institutions found themselves in a difficult financial situation, which in turn negatively affected the social and material security of employees. Therefore, the priority area becomes the protection of labor rights of employees and their social position, in particular in case of insolvency of the employer or change of the owner of the legal entity. Current and projected regulatory legal acts in the field of protection of labor rights of employees in case of insolvency of the employer or change of owner of a legal entity, court practice regarding labor disputes related to dismissal under Clause 1 of Art. 40 of the Labor Code of Ukraine. It was concluded that Ukraine, as a state that aspires to membership in the European Union, should also pay attention to the issue of protecting the rights and interests of workers as subjects who ensure the well-being of their families through their own work. Since the protection of labor rights of employees is an important component of a democratic, legal and social society. Especially today, when the problem of unemployment in Ukraine is growing, persons who have lost the opportunity to work should be socially protected. At the same time, in addition to making changes to labor legislation, adopting new laws in this area, there must be clearly developed mechanisms for their implementation.

Peculiarities of the use of home and remote forms of labor during the legal regime of martial law

The article is devoted to the definition and characteristics of the peculiarities of the use of home and remote forms of labor during the legal regime of martial law. Each of them provides a number of significant advantages that are of great value in modern conditions and really contribute to the satisfaction of the urgent economic interests of society. The implementation of such forms on a large scale will have a positive effect on the economic security component. The importance of maximum use of the potential of labor legislation in matters of population employment is emphasized. Emphasis is placed on the need to find a balance between the physical ability to perform work functions and avoiding most of the consequences of a full-scale invasion. Based on this, attention has been focused on the need to actively use home and remote forms of activity in view of the economic exhaustion of the country and the need to satisfy the personal needs of citizens, including the maintenance of close relatives, family members and other persons. Considered, analyzed and compared home-based and remote forms of labor through the prism of national legislation. Attention is focused on their
 key aspects (place of work, wages, rest time, scope of labor rights of employees, belonging to equipment, materials or other resources necessary for the performance of the relevant activity, etc.). The legislation regulating the use of home and remote forms of labor activity during the legal regime of martial law is analyzed. The advantages and disadvantages of the remote form of work organization are highlighted. It was concluded that the peculiarities of home and remote work mainly relate to the place of work, the term and form of the employment contract, as well as the distribution of working time. There was also a transformation of the legal regulation of working hours and rest of employees, including changes in the establishment of the starting and ending hours of work, an increase in the duration of working hours.

Key features of the differentiation of the legal regulation of the labor of transport workers

It is indicated that one of the key rights of every individual in a democratic and independent state is the right to work, which, according to the Constitution of Ukraine, includes the opportunity to earn a living by work that a person freely chooses or freely agrees to. It is emphasized that the labor activity of a person should be stimulated in a certain way, not only in the form of separate material payments, but also by providing guarantees, benefits, advantages and privileges for certain categories of workers in accordance with their professional duties.
 The article provides the author's understanding of the concept of «differentiation of legal labor regulation» and based on it, the main features of the differentiation of legal labor regulation of transport workers are highlighted and considered. It is emphasized that there is no normative-legal consolidation of the concept of «differentiation of labor», which makes it difficult to understand the specified concept, as well as to define the criteria that are used to characterize the specified concept. Particular attention was paid to such features as determining the purpose of applying the differentiation of legal regulation of labor relations of employees; the internal structure of differentiation; implementation methods; forms of expression and methods of fixation.
 The author comes to the conclusion that the differentiation of the work of transport workers is characterized by a number of essential features that deepen the understanding of this legal phenomenon and its further research. In our opinion, the signs of labor differentiation of workers in the transport sector offered by us better ensure the individualization of legal regulation of their labor relations, and also reveal in more detail the purpose of applying such differentiation. Thus, this conditions not only the effective development of labor law in general, but also, undoubtedly, is the basis for effective and unprecedented guarantee of labor rights of employees of transport enterprises, their employers, trade union associations, etc.

Judicial protection of workers' labor rights: problems of implementation

The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees. The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights. The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are: 1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator. 2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer. 3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer. 4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.

Особливості взаємодії суб’єктів кодифікації трудового законодавства в Україні

The article outlines the peculiarities of the development of the interaction between the subjects of the codification of national labor legislation. It is noted that the level of effective implementation of rights by employees and employers also determines the nature of the interaction between the subjects of the codification of labor legislation, which arises in connection with the process of implementation of the constitutional right to work by citizens. Therefore, in order to ensure equal opportunities for participation in the codification work of employees and employers, it is necessary to clearly define their basic rights in the Labor Code of Ukraine. In particular, the consolidation of the basic labor rights of employees and employers should take place in the aspect of expanding the application of international standards for the involvement of employees in making legally important decisions. The provision of equal rights for employees and employers and the focus of labor legislation on expanding the powers of employees and employers in the work process will allow optimizing labor relations as a whole. The following features of the interaction of subjects of the codification of labor legislation were determined: 1) involvement of public representatives, namely employees, employers and their associations in the process of adoption of the new Labor Code of Ukraine; 2) increasing the authority of codification in terms of expanding the labor rights of employees; 3) delegating the resolution of issues resolved at the centralized level to the local level; 4) coordinating the interaction of the subjects of the official codification of labor legislation in Ukraine and the Council of Europe, the European Commission as an institution of the European Union, which is entrusted with the functions of the executive body; 5) strengthening of collective agreement regulation within the framework of social dialogue, which affects the formation of new provisions of the draft Labor Code of Ukraine; 6) joint focus on harmonizing norms of the field of labor law and norms of labor legislation; 7) the need to create a single codification body in Ukraine – the Higher Codification Commission.

Presumption of Employment in Non-Standard Labour Relations on Digital Platforms

The article discusses the problematic aspects of employment on digital platforms. Using the example of the Glovo courier service, the author analyzes the legal regulation of these labour relations in Ukraine and abroad. The study reasonably proves that in the delivery relationship, there is a presumption of employment, and therefore automatic recognition of the relationship between the courier and the Glovo digital platform as an employment relationship. This fact does not need to be established in court. Unfortunately, the Ukrainian experience is not encouraging: not only are these relations not regulated by law, but the courts refuse to recognize them aslabour relations. The article draws the following conclusions. (1) The lack of legal certainty leads to various consequences: non-payment of taxes to the state budget and unified social contributions, which has an impact today and also has a delayed effect in the future. Although it is common practice in Ukraine for such drivers or couriers to be registered as individual entrepreneurs, and while this partially resolves the issue of paying taxes and fees, the issue of labour and legal protection remains relevant. (2) The analysis of the decision of the Supreme Court of Spain provides additional arguments in favor of the need to enshrine in the national labour legislation the presumption of an employment relationship in the field of courier services provided through a digital platform, in particular, Glovo. (3) The national court practice is only beginning to be formed in the area of establishing the fact of labour contractual relations on digital platforms. There is an law contracts. To change this paradigm, the greatest hopes should be placed on the Supreme Court, which, with its quasi-precedent-setting decision, can adjust and set a new tone in establishing the fact of labour relations. (4) Maintaining the status quo will have short- and long-term negative consequences,contributing to a situation of permanent violation of social and labour rights ofemployees, which directly contradicts both the Constitution and Ukraine’s Euro-Atlantic integration aspirations. Key words: labour relations, non-standard forms of employment, non-standardlabour relations, presumption of employment, establishment of the fact of labourrelations.

Guarantees of protection of individual labor rights of employees in the labor legislation of Russia and Kazakhstan

The article is devoted to the protection of individual labor rights of employees in the presence of a status «preponderance » of the employer. The article examines the relationship between the protection of individual labor rights of an employee and guarantees of such protection under the legislation of Russia and Kazakhstan, suggests ways to improve the list of ways to protect workers’ labor rights.

Legal and regulatory framework of labor rights protection of the citizens of Ukraine: prohibition of mobbing

Problem setting. In the conditions of constant industrialization, economic fluctuations, continuous uncertainty during the war, the labour rights of the employee are left aside, since the employer often neglects the labour force and forgets about the humane and valuable attitude towards the employee in search of the financial success of his/her company. The psychological state of an employee remains a particularly sensitive area as it is influenced by possible constant harassment or bullying by the employer or colleagues. After all, the effective performance of the labour duties by employees of any sphere, as well as labour productivity directly depends on the psychological climate in the team and the attitude of management. Therefore, the study of the mobbing issue today shall be extremely important and relevant for all categories of employees, including public officials, who, among their fundamental rights, have the right to respect for their personality, honour and dignity, the right to a fair and respectful attitude from the management or colleagues and the right to adequate remuneration for their work. Recent research and publications analysis. Numerous works of scientists in the field of labour law of Ukraine are devoted to issues of labour protection of employees, namely: E. V. Babenko, N. B. Bolotina, V. Ya. Buriak, P. D. Pylypenko, L. Yu. Prohoniuk, H. I. Cha- nysheva et. al. However, there are many works devoted to the labour rights of public officials, since the activities of public officials, in addition to special legislation, shall be also governed by the norms of labour legislation, and public officials may also be subjected to bullying and harassment. These issues were relevantly considered in the works of L. V. Apa- naskovych, A. Yu. Babii, L. Yu. Velychko, V. V. Myrhorod-Karpova, M. V. Panchenko, V. Parpan et al. Highlighting previously unsettled parts of the general problem. Since the term “mobbing” at the legislative level was introduced in Ukraine only at the end of 2022, so far, its manifestations, signs, types, methods of prevention and types of liability have not yet been mentioned, and this allowed us to consider all these issues profoundly in our research. Paper main body. It has been determined that mobbing shall mean a type of harassment that can be applied to an employee through humiliation at work and usually manifests itself as a psychological abuse by a colleague (group of colleagues) or directly by management. Mobbing can be either vertical (harassment of an employer against an employee), or horizontal (harassment of a colleague against a colleague). There are also selective mobbing (singling out a victim from a group of employees), discriminatory (a victim is one who is different in the team), sexual (sexual harassment), revelatory (applied to persons who exposed negative facts about colleagues), authoritarian (destructive style of a management), displaced (directed to a third party), etc. It was found that public officials may also fall under the manifestations of mobbing, as legal relations of public officials in the labour sphere are covered by labour law. When using the labour of public officials, labour relations definitely arise, but taking into account the specifics of their work and duties, as a public official to some degree affects both public and private interests. Public officials have special legal status in labour relations. It has been researched that if employees have experienced harassment by the employer, then they have the right to file a complaint with: 1) the central executive body implementing the state policy in the field of supervision and control over compliance with labour legislation; 2) the court. The article indicates ways to avoid mobbing and the amount of penalties for the latter. Conclusions of the research and prospects for further studies. Thus, we may argue that the state shall guarantee all categories of employees (including public officials) legal protection against mobbing, prejudice in labour relations, manifestations of discrimination, protection of the honour and dignity of the employee in the performance of his/her duties. In case of manifestations of harassment, the legislation of Ukraine provides for the possibility of applying to a special body for the protection of labour rights or to the court and compensation for the material and moral damage caused, if this led to psychological suffering, to the loss of normal life contacts for arrangement the person’s life. The provisions outlined in the research shall improve the regulation of the public administration system in the field of protecting the labour rights of employees in the service of the state.

Salary payment discipline (on disputes about gray wages)

Facts of violation by employers of the requirements provided for in Part 3, 5 of Article 136 of the Labor Code of the Russian Federation, according to which wages are paid to an employee, as a rule, at the place of performance of their work or transferred to a credit institution specified in the employee’s application, wages are paid directly to the employee, except in cases where another payment method is provided by federal law or an employment contract, may not lead to a violation of the labor rights of employees. Employers, for example, in order to avoid taxes, violate the procedure for paying wages by transferring all or part of the salary to the account of one of the employee’s family members or transfer funds from the personal account of the director, members of his family or another colleague. In such cases, if disputes arise about wages, the court recognizes these funds as structural elements of wages, takes them into account as wages.

Admission to work and conclusion of an employment contract: issues of protection of labor rights of employees

The article examines the issues of protecting the labor rights of workers during their admission to work and the subsequent conclusion of an employment contract. The article deals with the problems that arise when the employer does not have local regulations on admission to work, the issues of the employer’s self-examination, the introduction of labor compliance and a possible labor audit as an external independent verification of the actions (inaction) of the employer’s officials in compliance with labor law norms.