Legal Regulation Of Labor Relations Research Articles

Topical issues of legal regulation of labor relations in the educational sector in the context of the pandemic

The purpose of this study is to identify the dependence of the impact of the pandemic on changes in the regulation of labor relations in the educational sector. At present, serious changes have taken place not only in our country, but also in the world community as a whole. This is primarily due to the spread of the coronavirus pandemic, which has affected all areas of society. The educational process is no exception. The coronavirus pandemic has triggered a transformation of the educational process, at all levels. In the past year, this term has become one of the most widely used terms to describe the current state of the world that affects areas of society. The consequences of the pandemic are felt everywhere, it is a real phenomenon. Today, we can talk about the impact of the pandemic on economic, political, cultural, and international relations, which extends beyond any traditional borders. Changes in these areas are common to all States. Understanding the nature and direction of this phenomenon can help to form new principles of interaction between individual segments of society, as well as between community and the state.

Features of legal regulation of labor of medical workers

The work of health care workers is associated with great physical and emotional stress, the need in some cases to work in difficult and life-threatening conditions. This determines some features of the legal regulation of labor relations in this area of activity: additional requirements when concluding an employment contract, preferential working hours and rest time, special rules for part-time work, etc. The specificity of the legal status of medical workers as subjects of labor law is due to both general rules and special regulations on various aspects of their activities. In addition to the general provisions of the Labor Code of Ukraine, the provisions of the law "Fundamentals of the legislation of Ukraine on health care", as well as a number of other regulations apply to medical workers who carry out professional activities. The article describes the regulations governing the employment of health workers, identifies the role of the employment contract in regulating their work, analyzes the features of the legal status of health workers as a subject of labor relations, and identifies a set of problems that arise in health care workers. in the performance of their duties. This topic is of interest not only from a scientific but also from a practical point of view, which necessitates detailed, thorough legal regulation of the work of medical workers and a more careful attitude of the legislator to this area. The urgency of the topic is due to the role of health professionals in the realization of the right of everyone to health care, guaranteed by Art. 49 of the Constitution of Ukraine.

A Modern Vision of Methodological Approaches in Regulation of Labor Relations

Legal relations in labor activity are constantly undergoing reform in Ukrainian legislation. The reason for the reform can be considered the imperfection and instability of labor relations. These factors indicate the need to study legal relations in labor activities and understand the methodological approaches and the justification for reforming legislation. Based on the use of both general theoretical and branch scientific provisions, in particular labor law, it has been proposed in this research to develop main fundamental approaches to the methodology of legal regulation of labor relations in the context of modern development of Ukraine. The study revealed that the methods, methods and techniques used in the scientific knowledge of labor phenomena are interconnected and contribute to the formation of labor relations in the world of work. Conclusions are made regarding the nature and effectiveness of methodological approaches, their relationship with the principles of theoretical and practical activity of subjects of labor relations.

Labor law in the russian legal system

For many years, labor law in the Russian (and Soviet) legal system was regarded as specialized in a narrow segment of legal relations. In the recent decades, the labor law has developed, pushing itself significantly higher in the hierarchy of legal fields, namely, in the status of fundamental (so-called material) fields along with the criminal, administrative, and civil law. This article analyzes the causes of this phenomenon and describes the generic role of the legal regulation of labor relations for the entire system of property and non-property relations governed by law. As a result of studying different opinions on the classification of labor law as private or public sectors, as well as global experience, the author draws a conclusion about the national identity of Russian labor law, which is characterized by reliance on a unified labor relationship that organically combines individual and collective. The historical relationship of labor law with civil law shows the universality of labor obligations that bind the employee “with the whole world”. Changes in the place of labor law in the system of branches of law are explained by transformations and expansion of methods of legal regulation of labor relations by social partnership. It raises the problem of a certain convergence of labor law to administrative law, which is assessed as the most serious danger that can distort the economic and legal nature of labor relations. It follows that the insolvency of the use of statistical methods in the production sphere, as well as arguments are presented to solve the problem of distinguishing labor and administrative law. The main finding is related to determining the place of labor law in the legal system. Given the importance and homogeneity of labor relations, currently labor law has ceased to be a specialized legal body and should be classified as a substantive material area of law.

Международная организация труда: столетие и перспективы

INTORDUCTION. The International Labour Organization (ILO) is a specialized Agency of the United Nations, established in 1919 on the basis of the Treaty of Versailles. The competence of this Organization, among other things, includes standard-setting activities for the development of labor standards at the international level. In 2019, the ILO celebrates 100 years since its creation. This article analyzes the current activities of the Organization to improve the existing international legal norms, as well as the prospects for the development of rulemaking planned for the upcoming years. In particular, special attention is paid to a set of measures aimed at solving urgent problems affecting profound changes in the sphere of labor at the international level. Among the tasks that the ILO plans to give priority to in the nearest future are the finalization and unification of the international legal norms adopted by the Organization, as well as the development of new conventions aimed at improving the international legal regulation of labor. MATERIALS AND METHODS. Present study is based on the analysis of the current legal framework of the Organization, aimed at improving the international legal norms on labor. In addition, the works of Russian and foreign scientists on the chosen subject were used. General scientific and special methods of cognition, including comparative legal and formal legal, are used as a method of research. RESEARCH RESULTS. The authors' analysis of the ILO's on improving international legal norms on labour, showed that, at the present time clearly indicated the intention of the Organization to organize homogeneous in its content of norms regulating the issues of occupational safety, hygiene and security in the workplace. At the same time, the ILO has set itself the task of updating existing norms and abolishing those that are largely outdated and ineffective. In addition, the Organization's activities in the upcoming years will also focus on the audit of outdated standards and other regulatory issues. Also, taking into account statistical indicators, according to the authors, there is an urgent need for the adoption of a new ILO Convention aimed at combating violence and harassment in the workplace. DISCUSSION AND CONCLUSIONS. In accordance with the objectives and changes in the international legal regulation of labour relations, the ILO Global Commission on the Future of Work has identified the most acute problems and challenges, the overcoming of which will open up new prospects for future generations in the field of labour, namely: the revision of existing international labour standards, the abolition of obsolete, the codification of homogeneous rules governing occupational safety, security and hygiene. Great importance is also given to the improvement and progressive development of international labour law. In this regard, the authors believe that there is a need for the ILO to develop and adopt a Convention to combat violence and harassment in the workplace. The new international legal instrument should provide mechanisms for protection against violence and harassment, which could give greater weight to the problem by covering all workers and all forms of violence and harassment, and by addressing the issue in a comprehensive and integrated manner. The drafting and adoption of an international Treaty on the subject would be extremely important, since violence and harassment were unacceptable and were the opposite of the concept of decent work adopted by the ILO in 1999.

COLLISION BINDINGS IN THE REGULATION OF LABOR RELATIONS WITH A FOREIGN ELEMENT

Aim : to identify some conflict problems in solving the choice of the right of the state when considering the labor conflict of laws with the participation of a foreign element and find ways to solve them. Methods of research : analysis, studying and comparising of international law, norms of civil law, which are used to regulate labor relations with a «foreign element». Results : a comprehensive study of the collisional legal regulation of labor relations with a foreign element was carried out, ways of solving the conflict problems between the national legal systems of different countries in the choice of the right of the country by the parties to the employment contract were determined, the regulation of the application of collision bindings with a foreign element was clarified. It is ascertained that in relation to labor relations complicated by a foreign element various conflicting principles are used. If the choice of the parties to the applicable law is not defined, then for the regulation of labor relations of an international nature,we use another collision bonds provided by the legal system of the country. First of all, this is the law of the place of work - lex loci laboris, which is enshrined in the laws of most countries. It is also traceable that the law of autonomy of the will of the parties - lex voluntatis, the law of the «closest connection» – has received the normative attachment in the sources of private international law. Discussion : to overcome the conflicts that arise in international private law. A labor contract with the participation of a foreign element is essential for overcoming the difficulties of the parties to the employment contract in case of a labor conflict in the choice of the country’s right. Bilateral agreements are the largest part of the international treaty base of Ukraine for labor contracts. Thus, to overcome the conflict problems arising in international private law as a result of the possibility of applying to one legal relationship in the extreme case of two legal systems, one can use two methods - conflict and substantive. Both methods complement each other and actively interact with each other. Formation of the legal basis for the protection of the interests of migrant workers is one of the necessary measures to implement their rights in practice. The principle (lex loci laboris) is increasingly reflected in the legislative activity of the countries every year, which is one of the prerequisites for preventing discriminatory treatment of workers employed by one employer.

Проект Трудового кодексу України: відповідність вимогам та правилам нормопроектної техніки

Метою статті є проведення юридико-технічного аналізу проекту Трудового кодексу України (далі Проекту).
 Наукова новизна визначена оцінкою якості Проекту у світлі відповідності вимогам та правилам нормопроектної техніки. Насамперед, розглянуто відповідність законопроекту доктринальним положенням загальної теорії права. З позиції теорії права оцінено правильність використання в тексті Проекту понять «правовий акт» та «законодавство», положень з тематики «система нормативно-правових актів України» та «правовідносини». Звернуто увагу на те, що норми проекту не завжди відповідають загальнотеоретичним положенням.
 З’ясовано правильність використання у новому Трудовому кодексі низки засобів нормопроектної техніки, що стосуються змісту нормативно-правового акта, зокрема, дотримання принципу верховенства права та соціальної спрямованості.
 Оцінюючи Проект на предмет відповідності логічним правилам, необхідно констатувати дотримання таких вимог, як послідовність викладу та передування загальних положень конкретнім. Прикладом може бути «розташування» книг. Перша книга – загальні положення, друга – виникнення та припинення трудових відносин і т. д.
 У ст. 2 Проекту закріплені принципи правового регулювання трудових відносин. Така практика властива новітнім кодексам України та заслуговує схвалення.
 Визначення термінів у Проекті на відміну від інших кодексів, зокрема Податкового та Кримінального процесуального, пропонується не на початку тексту в одній із перших статей нормативно-правового акта, а у ході викладу матеріалу під час першого використання. Стосовно дотримання правил дефінування то можемо констатувати, що визначення термінів у Проекті відповідають існуючим вимогам.
 Текст Проекту викладено загалом із дотриманням мовних правил та правил структуризації. Проект Трудового кодексу передбачає його поділ на книги. Беручи до уваги не надто об’ємний обсяг майбутнього кодексу, таке розмежування видається не достатньо аргументованим.
 Висновок. Проект Трудового кодексу України – законопроект, який в основному відповідає вимогам та правилам нормопроектної техніки. Висловлені міркування, спрямовані на підвищення рівня досконалості проектованого трудового закону. Поставлені питання, що можуть бути використані робочою групою для подальшого його опрацювання та спонукати до нових наукових дискусій.

Historical Foundations of Development of the Institution of Employment Contract

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

Development and implementation of a collective agreement on the example of the Tyumen transport and construction company

The legal regulation of labor relations is carried out by the state on the basis of legislative norms. Legislative norms are the minimum level, and collective agreements of the organization are interested in raising this level. Both employers and employees are interested in the development of the regulatory system. The article presents the recommended structure of the collective agreement for the Tyumen transport and construction company that carries out its activities on the territory of the Russian Federation. Also, the authors developed an algorithm for introducing this collective agreement into practice.

State ideology and state policy in the labor market: Russian experience

The subject of the paper is state ideology is an element of labor market.The main aim of the paper is to confirm or disprove the hypothesis that main tasks of state ideology as a key element of labor market are positive motivation to systematic long-term employment, as well as social responsibility of business by strengthening the information function of labor legislation.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results and scope of their application. The modern labor market should be defined as the vacancy market. At the same time, neither the concept of a vacancy nor its characteristics are established by legislation. The state ideology plays an important role among other information flows in the system of mandatory structural elements of the labor market. The state ideology accompanies the socio-economic development of society. The formation of labor motivation holds the dominant position in the organization of the labor market. State policy in relations on the organization of the labor market is a set of management decisions of the authorities, which form the state ideology among other things. The state, when realize its interests in the sphere of labor legislation, should actively use the so-called advisory type of legal regulation of labor relations. The proposed analysis may become a crucial point for future legal research in the field of labor market.Conclusions. Positive motivation to systematic long-term employment, as well as social responsibility of business are the main tasks of state ideology as a key element of labor market. The formation and consolidation of such ideology will make it possible to apply the provisions of labor legislation more accurately in accordance with its meaning and purpose.

The mechanism of legal regulation of employment relations: methodological aspect

The article deals with the methodological approaches to the understanding of the category of the mechanism of legal regulation, which are used in the scientific literature. The author emphasizes that the mechanism of legal regulation aimed at the effective implementation of legal norms in life through adequate legal means, that is, reflects its dynamic component. For this reason, it is necessary to study the signs of the mechanism of legal regulation through the prism of its dynamics, since under the conditions of statics the mechanism does not move. The author argues that when studying the mechanism of legal regulation of labour relations it is impossible to clearly adhere to any one of the methodological approaches, the advantage should be given to the application of the so-called integrated approach, which uses the capabilities of both instrumental and systemic approaches. This allows us to characterize the mechanism of legal regulation of labour relations as a whole, as well as to analyze its individual constituent elements, their interrelations and interdependence within the limits of one system.In terms of development of the information society, rapid robotics, considering the need to revise the classical forms of work, while preserving existing standards of decent work and ensuring the human right to work, anthropological approach to the study of the mechanism of legal regulation of labour relations is also of great importance.The author suggests the concept of the mechanism of legal regulation of labour relations as a system of legal means (elements), through which there is a regulation of social relations in the field of employment in order to bring them in line with the state-defined patterns of behavior within the framework of labour relations.Study of the mechanism of legal regulation of labour relations as a certain instrumental system, taking into account the main stages of labor relations, namely their emergence, transformation (change, suspension) and termination, gave rise to distinguish within the general mechanism of legal regulation of labour relations, taking into account the stages of legal regulation, the mechanism of the emergence of labour relations, the mechanism of transformation of labour relations and the mechanism of termination of labour relations

The Changing Mode of Legal Regulation of Labor Relations in China

At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers “as a whole, with everyone treated equally.” This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers’ “affiliation,” forms of employment are highly diverse. In addition to regular employees, there are also “quasi-employees” (employee-like persons) whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws. While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size-fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which “all labor law provisions apply” or “no labor law provisions apply” and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.

Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

ON THE FUTURE OF LABOR LAW IN THE ERA OF CHANGE

Introduction: in this article the authors examine the complex issues related to certain contours of the future of labor law in the conditions of change. An analysis of contemporary Western and Russian literature on the stated topic is given. Methods: comparative legal, historical, system methods, as well as the modeling method and the formal-logical method. Analysis: particular attention is paid to the numerical growth of atypical labor relations, which are inherent in the postindustrial society. Their main characteristics associated with a deviation from the three classical cha- racteristics (personal, organizational and property), as well as from the model of the traditional «working» contract, are proposed. It stressed the importance of information, technological and social aspects of the new organization of work, discussed the problem of «living wage» and the prospects of its solution. Results: the authors proposed three options for further development of labor law, the most likely one was identified. According to the authors, this option is associated with a reduction in the scope of the mandatory legal regulation of labor relations and the total number of specialized regulatory legal acts, with an increase in the role of judicial law. Accordingly, the role of horizontal (individual-contractual and social-partner) regulation of labor relations increases. The article proposes the author’s periodization of the stages of labor organization. As the conclusions the basic characteristics inherent in labor law of the future are offered: 1) strengthening of flexibility in regulation of labor relations, expansion of the sphere of normative differentiation and contractual regulation; 2) the transformation of labor law towards a comprehensive legal education «human rights in the process of wor- king life», 3) the growing role of international labor law in connection with the process of globalization.

ОСОБЕННОСТИ ТРУДОВОГО ПРАВА В КОНТЕКСТЕ ФИЛОСОФСКОЙ ТЕОРИИ О СОЦИАЛЬНЫХ ТЕХНОЛОГИЯХ

The article focuses on the philosophical and legal interpretations of labor law as a social technology. Technology is defined as activity aimed at achieving pre-determined targets, and with the change of the object of interaction. Тhe law has all the aspects of social technologies, including the humanistic aspect. The authors of the article consider the theory of social technologies as an object of social philosophy. The article provides evidence of law as the most effective social technology in the modern period. The authors study the methods of influence of the right to social relations from the positions of the theory of social technologies. The article discusses the features of labor law from the perspective of modern philosophy of law through the prism of the concept of "social technology". The authors analyze the peculiarities of labor law as a social technology in the context of its goals, functions and method. The article emphasizes not only the legal regulation of labor relations, but also the methods of personnel management. The authors reveal the problems of the correlation of the legal regulation of labor and personnel management .

DARBO TEISĖS REKODIFIKAVIMAS LIETUVOJE 2016–2017 M.

Straipsnyje yra siekiama atskleisti kokybiškai naujus darbo santykių teisinio reguliavimo bruožus, kurie jau netolimoje ateityje turės įtakos darbuotojų teisinei padėčiai Lietuvoje ir šalies darbo rinkos konkurencingumui. Todėl straipsnyje tiriamos ir analizuojamos Lietuvos darbo teisės rekodifikavimo priežastys ir paties naujojo Darbo kodekso kūrimo procesas. Pasitelkiant lyginamąjį, sisteminį ir kitus metodus, tiriamos Lietuvos naujojo Darbo kodekso nuostatos pagal bendrąsias kodekso, kaip teisės akto, charakteristikas ir pagal tai, kokius tikslus sau kėlė rekodifikavimo sumanytojai ir kaip jie buvo įgyvendinti įstatymo tekste.

Сравнительный анализ правового регулирования трудовых отношений в России, Франции, США и Великобритании

Two basic models of legal regulation of labour relations exists in the world practice. Each of them has its advantages and disadvantages. The European model is taken as the basis for legal regulation of labour relations in the Russian Federation. The same model is used in France. The USA and the United Kingdom created Common law system of legal regulation of labour relations. Common law and Continental European systems were adopted by most countries, however in some countries such as China and Latin America countries both models are used combining. Labour laws of the countries using the same model have some similarities. Thus the labour laws of France and the labour laws of Russia have a strong social orientation; they include many of the same rules. However employment law in the states of Common law system is so flexible that it allows more freedom to build employment relationships. It contributes to the development of the labour market and to high achievements in the country’s economic development.

ЄДНІСТЬ ТА ДИФЕРЕНЦІАЦІЯ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ПРАВ ПРАЦІВНИКІВ ОРГАНІВ ПРОКУРАТУРИ

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

Some Peculiarities of Legal Regulation of Labour Relations of High-Skilled Experts Engaged in Scientific and Educational Organizations

The article is devoted to bringing highly qualified specialists to the implementation of work in the Russian Federation. In light of the transition of the Russian economy to the innovation way of development, the article raises the issue of the need to engage highly qualified specialists from foreign countries in the work of the scientific and educational organizations. The author gives an overview of the status of highly qualified specialist, identifies problems in the legal regulation of the employment relationship with this category of workers. Thus, the analysis of the procedure for the election of the competition to fill the position with highly qualified specialists is carried out. In addition, the author raises the question of the advisability of holding certification suitability qualified specialist positions. The author identifies conflict of laws of labour and migration legislation. In order to solve this problem the author suggests that the labour code of the Russian Federation be introduced into a new chapter governing the peculiarities of attraction of foreign workers to the work in Russia.

Cash for care in Quebec, collective labour rights and gendered devaluation of work

Work performed under cash-for-care programmes is based on a relationship between several parties, including, at a minimum, the workers providing the services, the care recipients and the public authorities that manage and fund these programmes. Labour law studies have pointed out that the labour relations regulation is not adapted to this type of non-standard employment relationship since it has been founded on the norm of the integrated firm and bilateral employer–employee relations. Based on a case study of a cash-for-care programme in Quebec, Canada (i.e. the Service Employment Paycheque plan), our socio-legal analysis confirms the weak protection of collective labour rights provided to Service Employment Paycheque plan workers. It also describes how the application of the legal regulation of labour relations to this organizational model fails to take into account the power exercised by the public authorities and demonstrates the impact of this failure in terms of precarization of work and its gendered devaluation.