Legal Regulation Of Labor Relations Research Articles

Metaverse: development prospects for labor relations

The article highlights the main theoretical issues related to the legal regulation of labor relations in the labor market, which are evolving within the new digital reality of the metaverse. It is noted that the metaverse is understood as a specific technological system that utilizes a set of technical tools for virtualizing space. The choice of direction depends on current legislation regarding the potential for developing the labor market through the application of high-tech meta labor platforms. The study argues that the growing trend of influence on the international community and the population of Ukraine by this new digital phenomenon of modern society, the metaverse, is significant in the context of realizing the right to work. This, in the future, will allow the use of IT technologies to identify barriers that limit the development of certain labor markets, directions, and integration in service provision. The author presents a visualization of the search for ways to resolve labor relations issues in the labor market under the conditions of the metaverse. The technologies used to create it are evaluated, which have enormous potential in realizing the right to work but also carry numerous risks. The article explores opportunities for improving the legal regulation of labor relations, especially in understanding the unique characteristics of elements where interaction between people occurs through their digital twins (avatars) using information technologies related to their identification and management of these digital avatars. Using existing research, the article proposes the author’s vision of the concept of a meta-labor platform and presents their understanding of meta-labor migration. The article also provides the postulates on which the concept of the modern meta-labor platform is based, indirectly through the ability to work of both meta-employers and meta-employees in the metaverse, given the current necessary technologies and infrastructure. It is suggested that the most crucial factor in transitioning to meta-labor relations is the transformation of the law as a mechanism to help organize renewed social relations. The main method used in the research of this article is the system-structural method, which allows establishing connections between different elements of the meta-labor platform as a complex system and analyzing the patterns generated by the spread of influence on meta-employers and meta-employees. Among the additional ones are used formal-logical, comparative-legal, as well as methods of legal modeling and forecasting.

Нормирование труда: некоторые теоретические и практические проблемы

This paper examines some theoretical and practical problems of labor rationing, which is of crucial importance for regulating labor and other directly related relations. The interrelation of labor rationing with the task of labor legislation in the form of optimal coordination of the interests of the parties to labor relations and the interests of the state is presented, the inclusion of labor rationing relations in which the employer is in a relationship with employees and (or) their representatives in the content of labor organization and labor management relations is justified. The author presents the relationship between labor rationing and the principles of legal regulation of labor relations. It is noted that it is necessary to consolidate the obligation of the employer to carry out rationing in the organization.

Some aspects of formation labor behavior during the period of martial status

Problem setting. Modern political, economic, and social demands of society pose tasks to the state that require urgent solutions and are of urgent importance for all spheres of life. Therefore, a significant number of studies are focused on solving theoretical and practical issues of legal regulation of social relations during the war and in the conditions of martial law on the territory of Ukraine. Solving issues of the possibility and specifics of citizens’ realization of the right to work are of great importance. Since, during the period of martial law, the norms of labor legislation are not applied in the part of relations regulated by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” (hereinafter the Law). According to the Final Provisions, it is valid for the period of martial law in Ukraine, introduced in accordance with the Law of Ukraine “On the Legal Regime of Martial Law”, and becomes invalid from the moment of termination and cancellation of martial law. During the period of martial law, its norms have an overriding force over the norms of the Code of Labor Laws of Ukraine. The provisions of this Law significantly narrow the rights of workers compared to peacetime. Therefore, the relevance of the toolkit of labor law as a regulator of social relations in the field of labor relations and ways of realizing the right to work by citizens under martial law is increasing. Analysis of recent researches and publications. Analysis of recent research and publications. Such scientists as: T. Gerasimov, T. Glynska, V. Lytvynenko, O. Lukyanchikov, D. Novikov, A. Shvets and others were engaged in the study of the theoretical and practical essence of the chosen topic. In addition, the following scientists paid attention to the legal regulation of labor relations under martial law in Ukraine in their works: V. Andriiv, M. Lukashevich, M. Doronina, N. Yesinov, L. Nikolayeva, D. Shvets, and others. Purpose of research is to investigate labor behavior, which is a complex of individual and group actions and deeds that determine the direction and intensity of a person’s performance of their labor function and factors that negatively affect labor behavior. And also consider the legislation of Ukraine, which concerns the regulation of labor relations during the period of martial law and analyze the changes that took place in the field of labor relations after the declaration of martial law in the state and how they affected the labor behavior of the employee. Article’s main body. A special role in solving this issue is played by the principles, methods and ways of motivating work, which act as a leading organizational and economic tool for managing the work behavior of employees. In this regard, solving both theoretical and practical problems of labor behavior management through the use of new socioeconomic methods of labor motivation, which would make it possible to increase the interest of workers to work productively and effectively in various spheres of the economy, becomes important. Modern labor relations increasingly single out the employee’s behavior as an important characteristic of his labor potential, the quality of which depends on the effectiveness of the team’s work and the survival of the enterprise, institution or organization in an unpredictable economic environment. Therefore, the study of labor behavior as a form of employee activity and the determination of the main factors influencing it is quite relevant in this period of time. Conclusions and prospects for the development. Formation of labor behavior of employees is an actual and complex process that requires a systematic approach. According to the results of the research, it was established that the essence of labor motivation is to develop such a system of incentives that would satisfy all the needs of the employee in the best way and would interest him in achieving better results of his activity. This will help increase labor productivity, increase the income and profits of enterprises, as a result of which the material situation of employees will improve, which is the key to successful motivation to work.

Features of Legal Regulation of Labor Relations in Civil Service

The purpose of the research is to analyze the legal regulation of labor relations in the civil service system, to identify the features that characterize civil service as a special type of professional labor activity, and to study the experience of the Republic of Azerbaijan and some foreign countries in this field. In the course of the research, theoretical-conceptual perspectives and legal acts regarding the legal regulation of labor relations in civil service are reviewed, civil service is characterized as a special type of professional labor activity, and civil service is analyzed as one of the opportunities of exercising citizens’ constitutional right to work. The results of the research indicate that the foundation of the professional activities of civil servants is labor legal relations. The labor-legal character of the activities of civil servants directly stems from the content of civil service. Labor legal relations exist within the civil service system, and the labor-legal subjectivity of civil servants is inevitable. It is considered impossible to implement civil service without labor legal relations. The foundation of civil service relations is labor legal relations. Civil service acts as a component of labor legal relations.

Legal regulation of labor relations in the context of digitalization

Legal regulation of labor relations in the context of digitalization

ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН ПРИВАТНИХ СУБ’ЄКТІВ ОХОРОННОЇ ДІЯЛЬНОСТІ В УКРАЇНІ ПІД ЧАС ДІЇ ВОЄННОГО СТАНУ

The article examines the peculiarities of legal regulation of labor relations of private subjects of security activities in Ukraine during martial law. The levels of legal regulation of labor relations of private subjects of security activity are described on the basis of modern regulatory documents. The stages of formation of security activity in Ukraine in modern conditions are revealed: dismantling of the security system that existed at the previous stages of its development; the appearance of numerous private subjects of security activity; demarcation of the security market between state and private subjects of security activity; creation of a legal basis for the activities of private subjects of security activities; during a pandemic and martial law – increased competition, increased number of qualified personnel (combatants), fluctuations in demand for services, increased technological requirements for the security system. It is indicated how the introduction of changes to the Licensing Conditions for conducting security activities is consistent with the requirements of the current legislation regarding the accounting of conscripts and reservists. According to the results of the analysis of the legislation, it was established that the trend of legal regulation of labor relations in the conditions of martial law in Ukraine is not specific, but for private entities of security activity, it takes into account the specifics of the industry. Key words: security activities, labor relations, legal regulation, martial law.

CONSTITUTION AND REGULATION OF LABOR RELATIONS: THEORETICAL AND PRACTICAL ASPECTS

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the eld of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clari ed that the principles are not “slogans” and purely theoretical constructions - they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

Проблемы признания правосубъектности искусственного интеллекта и ответственности за принятые решения в трудовых отношениях

The paper outlines the ways of solving the formed and foreseeable problems in the legal regulation of labour relations using artificial intelligence. It is concluded that artificial intelligence cannot have legal personality in labour relations. It is proposed to fix in labour legislation the presumption of employer's responsibility for the decisions made by artificial intelligence, as well as to oblige employers and software developers to certify the protocols of digital security of software operating on the basis of artificial intelligence technologies.

Constitutional values and legal regulation of labor relations

The article examines individual issues of the influence of constitutional principles and constitutional provisions guarantees of the implementation of human rights on the current labor legislation. Based on the constitutional and legal understanding of values, the features of the content of guarantee norms in the Constitution of the Republic of Moldova are determined, and a comparison of constitutional norms, constitutional values and constitutional principles. on this basis, the content of labor legislation is analyzed, including the norms of the labor code of the Republic of Moldova, which enshrines the principles of legal regulation of labor relations. Constitutional values are also considered in interdependence with the content of individual norms of the European and international standards governing human labor rights. A number of conclusions are formulated regarding the importance of taking into account constitutional values in rule-making in the field of labor and labor protection. Proposals have been made to improve the effectiveness of current legislation, taking into account the influence of constitutional norms and constitutional values on sectoral labor legislation.

FEATURES OF REGULATION OF LABOR OF WORKERS WORKING BY THE SHIFT METHOD

The rotational approach to labor organization is widely used in domestic and international practice. The globalization of the economy due to the expansion of the geography of services, as well as increased competition among corporations, objectively increases the significance of the concept of “remote workplace” and focuses attention on the study of issues arising from these labor relations. Currently, the social interaction of employers with rotational workers is fraught with difficulties due to the imperfection of existing standards for organizing rotational work. This requires the formation of new mechanisms for using shift work. The article examines the elements of shift work, discusses the provisions of the Labor Code of the Republic of Kazakhstan regulating the rotation approach to organizing activities, which is widespread not only in remote areas, but also in the current situation. The purpose of the article is to identify the features of this type of work and draw certain conclusions on resolving problems arising in this area. A new mechanism for legal regulation of labor relations between employers and employees is needed specifically in the field of rotational work. The formation of social and living conditions for personnel during the inter-shift rest period helps to restore the potential of workers, so it is necessary to consider ways to motivate their social adaptation. Due to the fact that this type of activity is very flexible, while maintaining the conceptual focus established by law, certain conclusions have been drawn to improve the provisions for the legal regulation of the labor of shift workers.

Peculiarities of the legal regulation of supervision and control over compliance with labor legislation

In the field of labor law, the peculiarities of legal regulation in the field of supervision and control over compliance with labor legislation are investigated. It is emphasized that regulation in the field of supervision and control of compliance with labor legislation is characterized by appropriate measures, which, in addition to measures to detect unregistered labor relations, are carried out in accordance with current legislation. Measures of state control over compliance with labor legislation on identifying undocumented labor relations are carried out in the form of inspection visits conducted by labor inspectors of the State Labor Service and its territorial bodies. Reasons for inspection visits are important.
 The peculiarity of the legal regulation of labor relations is that the control measures or the decision of the labor inspector on control of the employer are subject to notification registration by the State Labor Service or its territorial body before the start of their implementation. It is emphasized that an act is drawn up as a result of the control, and in the case of violations of labor law requirements, the employer receives an order to eliminate them and a warning about liability for labor law violations.
 Thus, the legal regulation of labor relations regarding the supervision and control of compliance with labor legislation must first of all meet European standards and reflect the requirements of current labor legislation. State bodies should strengthen measures to detect undocumented labor relations, illegal employment and be carried out in accordance with the requirements of the Law of Ukraine «On the Basic Principles of State Supervision (Control) in the Field of Economic Activity.» The legal regulation of labor relations in the field of supervision and control of compliance with labor legislation certifies that measures of state influence on the detection of informal labor relations and illegal employment are carried out in the form of inspection visits carried out by labor inspectors of the State Labor and its territorial bodies.

Legal regulation of labor relations in the field of labor protection supervision and control

In the field of labor law, the legal regulation of labor relations in the field of labor protection is investigated, the corresponding measures of supervision and control are characterized, which, in addition to measures for violations of the requirements of labor protection legislation, provide for measures for their prevention and prevention. It is emphasized that state management of labor protection is carried out by the Cabinet of Ministers of Ukraine, the central body of executive power that implements state policy in the field of labor protection, ministries and other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations and local self-government bodies. It is noted that the powers in the field of labor protection of associations, corporations, concerns and other associations are determined by their charters or agreements between the enterprises that formed the association. In order to perform the functions delegated by the association, labor protection services are created in their apparatuses. The theoretical provisions are substantiated and practical recommendations are developed for improving the legal regulation of labor relations in the field of labor protection based on analysis methods and a systemic approach to generalization for evaluating the effectiveness of state management mechanisms in the field of labor protection. In addition, general scientific and empirical methods and tools of the science of labor law, methods of analysis and synthesis, comparison, summary and grouping were used. It was concluded that legal regulation in the field of occupational health and safety is a multilevel and complex functional mechanism, which at all levels of executive power controls and coordinates compliance with occupational health and safety at enterprises, institutions, and organizations regardless of their ownership, types of activity, and branch affiliation. It is emphasized that the existing system of state supervision and control over labor protection in Ukraine needs to be improved and brought into compliance with European standards.

Problems of differentiation in the codes of labor laws of the RSFSR and the Labor Code of the Russian Federation

The article addresses the problem of codification of special labor law norms, justifies the importance of their consolidation in the sectoral code. The domestic historical experience of codification through the prism of differentiation is investigated. Trends in the differentiation of legal regulation of labor relations in the modern period are analyzed. The shortcomings of the Labor Code of the Russian Federation in terms of labor regulation of certain categories of employees are shown, options for solving this problem are considered. The need for differentiation in a codified act of labor law is due to the nature of labor in certain areas, as well as the special concern of the state for certain groups of employees. The Code is the main sectoral act, it must contain special norms in order to meet the requirements of completeness and consistency. In the four Russian labor codes, the issue of differentiation was resolved in different ways. With each new codification, the legislator, relying on the experience gained, approached this issue more consistently, while there was also a «field» for criticism. The task of optimal construction of special labor and legal norms is also relevant for the Labor Code of the Russian Federation, in modern conditions the relevance increases due to the increase in atypical employment. It is important, retaining in the codified act a special chapter on the features of labor, to establish uniform approaches to its regulation in relation to the main professional groups and spheres. At the same time, it is inappropriate to reflect in the code the features of labor affecting the specialization of a particular profession, turning the act of codification into a collection of instructions. The legislator should also consider the issue of consolidation in art. 2 of the Labor Code of the Russian Federation, devoted to the principles of legal regulation of labor relations, the principle of differentiation.

Peculiarities of Labor Relations Regulation amid Imposition of Martial Law and Special Economic Measures: Problems and Prospects for Harmonization

The need to counter external threats to Russia’s national security predetermined the development of new and improvement of existing regulations in 2022. An assessment and comparative analysis of the legal means and innovations available in the field of labor confirmed that there is an objective need for comprehensive legal regulation of labor relations during emergency events. Considering the features of the organization of labor activity amid imposition of martial law and the operation of special economic measures, the author exposes conceptual uncertainty, discrepancies in the order, content and limits of impact on the sphere of labor, difficulties in applying and controversial issues of innovations were revealed, the lack of a general concept and uniformity of labor regulation in the conditions of emergency circumstances. It is proposed to streamline the regulations by focusing on the fact that countering threats to national security is the system-forming basis for the differentiation of the legal regulation of relations in the sphere of labor.

Differentiation as a principle of legal regulation of labour relations of professional athletes

Differentiation as a principle of legal regulation of labour relations of professional athletes

ГРУППА РАБОТНИКОВ КАК САМОСТОЯТЕЛЬНЫЙ СУБЪЕКТ ТРУДОВЫХ ОТНОШЕНИЙ

In the current labor legislation practically there are no rules governing relations with industrial groups of employees. However, the association of workers into groups, due to the common social and labor interests, widespread during the Soviet period, has not lost its relevance even today, on the contrary, in modern conditions there is a tendency to strengthen collective beginnings in the process of production activities. The purpose of the study: determining the place of a group of workers in the system of modern subjects of labour law. Tasks: to study groups of workers as subjects of labor law in Russia and abroad, to study forms that accept groups of workers in traditional and atypical labor relations, to determine the status of modern industrial groups, proposals to improve labour legislation with regard to the legal regulation of labour relations with groups of workers. In the process of work such research methods as the method of scientific analysis, as well as formallogical, system-structural, technical-legal methods and comparative methods were used. Results: analysis of selected atypical forms of employment (various forms of joint work and temporary management)as well as the analysis of new approaches to the management of independent work leads to the conclusion that the issue of regulation of the legal status of groups of production associations of employees is being updated. The author notes the similarity of the structure and organization of such entities with the group forms of production activities known to Soviet legislation. Conclusions. It is concluded that it is necessary to legally define groups of workers as subjects of labor legislation, to determine the place of such subjects in the system of subjects of labor relations, as well as to regulate both intra-group and external relations of the group, including the employer.

Labor law and artificial intelligence: points of contact and differences

The advent of high-tech and self-learning AI algorithms is setting off an unprecedented transformation of social production processes that will fundamentally affect the entire world of labor. According to the author, the introduction of AI into the world of labor will undoubtedly lead to a temporary surge in technological unemployment, but in the long term, new technologies will create more jobs in new sectors of the economy. The impact of AI on unemployment is context-specific and should be subject to government regulation. The author points out that as a result of the introduction of AI algorithms in the world of labor, arise not only the traditional problems of strengthening the economic power of the employer, discrimination or unauthorized collection of personal data, but set a big complex of legal problems related to the responsibility of the employer for decisions that he himself cannot control. Therefore, for labor law, the most important task is to eliminate the discrepancies between the current model of legal regulation of labor relations and the risks of introducing AI into decision-making processes of hiring and controlling employees. The science of labor law should develop relevant approaches to a reasonable limitation of the use of AI, taking into account the peculiarities of modern algorithmic technologies, production prospects, legal and social risks. The author criticizes proposals for endowing AI with legal personality and the possibility of delegating responsibility for the implementation of employer functions to algorithms. According to the author, AI cannot have legal personality in labor relations (as well as in legal relations of any other type), since the functioning of AI is carried out through the datification of all their participants without the goal of achieving a socially significant result and establishing interaction between subjects of law regarding the satisfaction of their needs. AI is a means of automating labor processes, a digital interface for interaction between elements of the production system. The author states that AI in legal reality can exist only as an object of law. The author proposes to fix in the labor legislation the presumption of responsibility of the employer for the decisions made by AI, regardless of the originally programmed algorithms, even if they were changed by AI as a result of machine learning.

The influence of legal awareness on the effectiveness of the mechanism of legal regulation of labor relations

The article under studies reveals the impact of legal awareness on the mechanism of legal regulation of labor relations. It highlights that legal awareness is a universal form of action of the mechanism of legal regulation of labor relations and a factor of its effectiveness. Legal awareness actively influences the elements of the mechanism of legal regulation of labor relations, as well as experiences a similar effect on itself. The article points out that legal awareness reflects the legal relations between employees and employers in the course of labor activity both within an enterprise (institution, organization) and beyond it, including social relations. Thereby, the scope of legal awareness includes personal, socio-economi and political rights that significantly affect its substantive component.
 The article proves that legal awareness of an employee and an employer is formed under the influence of economic and social conditions. Legal awareness is a form of reflecting social phenomena and the processes taking place at an enterprise, institution or organization in the course of performing the employee's labor function, and the employer's management processes through a system of legal assessments, views and ideas. Legal awareness reflects the employee's attitude to the employer and the personnel, as well as assesses it in terms of the efficiency of the enterprise, payment of proper wages, creation of proper working conditions, its protection and other needs of the employee, and his or her motivation to work.
 The effectiveness of the mechanism of legal regulation of labor relations in general and its stages in particular depend on the level of legal awareness of an employee and an employer, since the processes of formation of local legal norms and their implementation in actual relations are not possible without the volitional conscious behavior of the subjects of labor relations. The article summarizes that from the standpoint of labor law, legal awareness can be viewed through such categories as assessment, need, motivation, skills, and attitude to work.
 The article concludes that legal awareness of the parties to labor relations is a functional subjective and evaluative factor, which affects the mechanism of legal regulation of labor relations from the standpoint of ensuring its efficiency, further functioning and development with a view to its compliance with the established principles of labor law as an independent branch and the concept of justice.

The features of legal regulation of working hours

The institute of working time is an integral part of the system of labor law of the Russian state. The presence of standards providing for maximum working hours, as well as guarantees for its establishment and use, represent a certain indicator showing the level of development of society. Today’s changes in the global economy are leading to an increasing spread of atypical forms of employment. As a result, labor law is undergoing significant changes, giving rise to new features of the legal regulation of labor relations. For example, the key feature of the working hours of remote workers is the possibility of its independent distribution by the employee. In the article, the authors analyze some problems arising in the field of legal regulation of the working hours of remote workers, law enforcement practice, and also offer ways to improve labor legislation in this area.

Legal regulation of relations connected to service in the Security Service of Ukraine

The article examines the current state of legal regulation of service relations in the Security Service of Ukraine. Scientific positions of scholars on the social nature of service in law enforcement agencies and the degree of influence of labour and administrative law on service relations in them have been studied.
 The article defines the branch of law to which the relations of service in the Security Service of Ukraine belong. It has been substantiated that the labour law includes labour relations of servicemen and employees who have entered into an employment contract with the Security Service of Ukraine. The scope of administrative law includes relations related to the service of conscripts in the Security Service of Ukraine.
 Proposals for improving the legal regulation of labour and service relations in the Security Service of Ukraine have been developed. The author proves the expediency of establishing a clear procedure for legal regulation of labour and service relations of different categories of SSU personnel. It is proposed in the Law of Ukraine “On the Security Service of Ukraine”: 1) to supplement Chapter III with an article entitled: “Legal regulation of relations related to service by conscripts” and the following content: “Service by conscripts in the Security Service of Ukraine is carried out under the conditions and in procedures established by legislation for conscript servicemen of the Armed Forces of Ukraine, with features provided for by legislation for the Security Service of Ukraine”; 2) to state the name of the article 21 as follows: “Legal regulation of labour relations of employees who have concluded an employment contract with the Security Service of Ukraine” and the content in the following wording: “Labor relations of employees who have concluded a labor contract with the Security Service of Ukraine are regulated by the legislation of Ukraine on labour with the features provided by the legislation for the Security Service of Ukraine”; 3) to supplement with a section entitled: “Service by military service employees”, which provides for regulations regarding the regulation of all the main aspects of their service.