Regulation Of Labor Relations Research Articles

Psychological restrictions in labor law: problem statement

The article raises the problem of ensuring the psychological health of the employee and the employer with the help of the tool of labor restrictions. Attention is drawn to the shortcomings of the Russian model of regulation of the labor law mechanism for the implementation of psychological restrictions in order to prevent mobbing, sexual harassment and other manifestations of moral persecution. Analyzing foreign legislation, as well as doctrine and judicial practice, the author offers a reception of the positive experience of French and Austrian labor legislation in order to improve the Russian model of labor relations regulation.

WORKING IN WAR: THE MAIN CHANGES IN LABOUR RELATIONS AND WORKING CONDITIONS UNDER MARTIAL LAW IN UKRAINE

Background: Maintaining labour regulations and the quality of working conditions is a considerable challenge during wartime and martial law. This paper outlines the changes that have affected the working life of employees who continued in employment, both inside and outside Ukraine, under martial law in 2022. Using a qualitative analysis of Ukrainian labour regulations, ILO and Ukrainian government statistics, and direct observation, we show how the legal regulation of labour relations and working conditions has changed under the influence of active hostilities. During the war in Ukraine, many employees started to work remotely, and some companies have relocated their production facilities to areas where there are no active hostilities and continue to operate. At the same time, the legal regulation and nature of labour relations and the quality of working conditions have changed significantly - yet regulations have failed to keep up with the levels of flexibility and timeliness required to respond effectively in the ongoing crisis. Methods: In order to achieve objective scientific results, the authors used such methods as analysis and synthesis to understand and build a logical chain of ideas. The authors used the statistical method to emphasise their positions with real data regarding the situation that developed in practice. Results and Conclusions: We draw conclusions regarding the problems of employees implementing their labour rights during wartime, identify applied aspects of labour law in wartime conditions, and propose ways to improve the situation regarding the implementation of labour rights.

Labor relations during martial law

In the section on labor law, the labor rights of employees and employers, which are understood due to the introduction of martial law on the entire territory of Ukraine, are highlighted. It is emphasized that labor law is a social law, the primary task of which is to balance the interests of employees, employers and the state. Attention is drawn to new legal constructions of dismissal of an employee, changes in essential working conditions, new grounds for terminating an employment contract at the initiative of the employer are outlined, in particular: the employer is given the right to terminate the employment contract at his initiative in the event of an employee's absence from work and information about the reasons for such absence for more than four months, as well as in the event that it is impossible to provide the employee with working conditions, due to the fact that the production, organizational, technical capacities, means of production, or the property of the owner or the body authorized by him, necessary for the performance of the work by the specified employee, were destroyed as a result of hostilities; the procedure for suspending the employment contract is specified; for the period of martial law, certain restrictions provided by the legislation in the field of corruption prevention regarding employment in other paid or entrepreneurial activities are canceled; issues of organization of personnel records and archival storage of personnel documents at the employer, etc. are clarified. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model of legal regulation of labor relations taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that the optimization of labor legislation made it possible to significantly organize the order of interaction between the employee and the employer in the conditions of martial law, to eliminate the potential occurrence of labor disputes in connection with the existing legislative gaps in the regulation of labor relations, and ensured the appropriate level of flexibility of labor relations, which employers need in the conditions martial law.

Some aspects of improving the legal regulation of labour relations: Thirty years of experience in the Baltic States

AbstractIn the context of globalisation processes, technological changes, and business mobility, Lithuania, Latvia, and Estonia are facing the necessity to modify their approach towards the legal regulation of employment relations. Labour laws of the Baltics States, namely concerning new forms of work, work–life balance, and social dialogue, were systematised, rectified, and clarified by analysing texts that consist of primary and secondary sources. The research conducted in the article showed that the move from strict regulation to more flexible arrangements between employer and employee in these states is an ongoing process, which has been delayed for more than 10 years, because during that period the old Soviet laws inherited from the past (with appropriate amendments) were in force. Therefore, the search for new forms of work is slow, the regulation of working time remains rather strict and inflexible, and the involvement of social partners in the processes of collective bargaining remains very formal and segmented. This legal research of transformation of legal regulation of labour relations in the Baltic States might be used to forecast future developments of such legal regulation, as well as to enrich the imagination and increase the set of alternatives to be considered when drafting possible future rules.

To the issue of the efficiency of legal regulation of labor relations and optimization of the labor-law regime

The article notes that since labor law by its nature has a social orientation, regulates labor relations, which are based on work as the most important value, the source of existence and satisfaction of the interests and needs of employees and, ultimately, the entire society, it is obvious that the efficiency of labor legal regime can be considered as a realized social value that ensures and satisfies the interests of working people. Therefore, the criterion of the effectiveness of the labor law regime is the degree of provision and achievement of the corresponding values. The labor law regime creates a specific degree of favorability or disadvantage to satisfy the interests of the parties to labor relations and forces them to act in accordance with the rules of the game proposed by the state, while ensuring the stability and predictability of social relations. This feature of the labor law regime can be used to create both stimulating and limiting conditions of activity.
 It is emphasized that while talking about the optimization and perfection of the labor law regime, it is necessary to talk about the effectiveness of the legal regulation of labor relations as a whole, since the solution of the first task depends on the second and vice versa. The problem of efficiency and optimization lies in the sphere of modeling social relations in the field of labor with the help of legal norms, which already lay down the nature of the appropriate type of labor-legal regime. Therefore, no law or regulatory act will be effective if they are not based on a favorable "legal climate", in other words, an adequate type of labor law regime.
 It is emphasized that efficiency is not reduced purely to the requirements that the legal norm must meet, it is mostly reduced to the main guidelines in the law-making activity of the state regarding the improvement of legislative norms, optimization of legal regimes. Optimization of the labor law regime will help ensure the solution of the main tasks facing labor law as a branch of law. One of the main ways to optimize the labor law regime is to create new and improve existing labor legislation, bring it into line with EU legislation.

The Nature of the Judge’s Professional Activity

Legal nature of the Judge’s professional activity is based on multiple legal statuses of this public authority subject. Particular importance of the Judge’s professional activity for modern civil society determines the necessity of its theoretical research both in Public Law and Labor Law fields. The purpose of the article includes theoretical justification of Labor Law nature of the Judge’s professional activity by revealing Labor Law elements as well as Labor Law principles relevant to it, analysis of the specifics of this activity based on the principle of unity and differentiation of the legal regulation of labor relations. The objectives of the study involve the Judge’s professional activity Labor Law elements specification proving of its Labor Law nature, such as delivering justice as labor function with Public Law nature; the employer with multiple subjects on its side endowed with limited power in control of the Judge’s behavior during and outside of delivering justice; labor time, rest time, remuneration and disciplinary responsibility institutes. Research methods: systems, formal legal, logical. The results of the study pay attention to confluence of the Public Law and Labor Law statuses belonging to the Judge and specific features of the latter’s professional activity determined by them. The study indicates main Labor Law principles and institutes revealed in Judge’s professional activity. The analysis of the specifics of these elements leads to the conclusion about Labor Law nature of the Judge’s professional activity. It is noted that current Labor legislation should be improved in terms of unity and differentiation principle of regulation of labor relations with Judges as a special subject involved in it.

LOSS OF TRUST AS A GROUND FOR DISMISSAL OF AN EMPLOYEE WHO SERVES CULTURAL VALUES: A PILOT DECISION OF THE SUPREME COURT

The Code of Labor Laws contains many additional grounds for dismissing an employee, including, in particular, loss of trust. Until 2006, this prescription of the Code was limited only to the loss of confidence in employees who service monetary and commodity values. In this regard, there is a number of scientific literature and judicial practice that can be characterized as stable. However, in 2006, the legislator expanded the scope of application of this additional basis to employees who serve cultural values, which include employees of museums, archives, historical reserves, etc. There was no judicial practice that would give a general picture regarding the application of the provisions of the Code to this category of employees. That is why the decision of the Supreme Court in the case of dismissal of the museum employee is significant. This pilot decision of the Court of Cassation will have a significant impact on judicial practice in similar cases, and is also a significant step in the development of labor law doctrine, which is why it requires scientific commenting and analysis. The general historical analysis clearly showed how the norm, which appeared mostly as a tool of a repressive character, evolved and gained special importance precisely as a special tool for regulating labor relations. The above case is a good illustration of the effectiveness of such prescriptions of labor legislation and an example of its effective application to special subjects of labor relations. Therefore, in the process of recodification of labor legislation, this norm must be preserved. The Supreme Court is not just about substantiating its legal opinion in the motivational part, but actually working out an algorithm of actions or proposing a toolkit that courts should apply when considering similar cases. As it has been repeatedly emphasized, it is through the mediation of quasi-precedents that judicial practice makes certain norms more clear and transparent, and offers criteria for their application. Key words: loss of trust, termination of employment contract, court practice, quasi-precedent decision

The Employee’s Right to Privacy Transformation: Digitalization Challenges

The development of digital technologies applied for electronic monitoring of employees, artificial intelligence systems and transition to remote employment have naturally lead to a change in the content of the employee’s right to privacy. The lack of generally binding international labor standards in the mentioned sphere creates prerequisites for the increasing role of local regulation and legitimation of judicial practice. The authors come to the conclusion that at the legislative level, not only the monitoring over the employee’s performance of labor functions, but also the process of dissemination and use of the data obtained in order to make other personnel decisions should be limited. The purpose of this research is to substantiate the assertion that in the context of digitalization it becomes necessary to consider the right of an employee to privacy as one of the fundamental principles of the legal regulation of labor relations.

ПРАВОВИЙ СТАТУС МЕДИЧНИХ ПРАЦІВНИКІВ, ЯКІ НАДАЮТЬ ПСИХІАТРИЧНУ ДОПОМОГУ

The scientific article is devoted to the problems of legal regulation of the legal status of medical workers who provide psychiatric care. The norms of legislation and by-laws that regulate the work of psychiatrists were studied. The papers of scientists who researched the legal status of doctors were reviewed. It is stated that the legal status of medical workers who provide psychiatric care is determined by the Labor Code of Ukraine, the Fundamentals of Health Care Legislation, the Law of Ukraine On Psychiatric Care, and by-laws of Ukraine. The theoretical foundations of the legal status of doctors who provide psychiatric care were studied. It is proposed to define the legal status of psychiatrists as a set of special rights, duties, legal restrictions, and terms of employment that determine the provision of medical care to persons suffering from mental illnesses. The requirements for the level of education and qualification of medical workers who provide psychiatric care are determined. The special professional rights and duties of medical workers during the provision of medical care were studied. The peculiarities of the legal regulation of working time and rest time of psychiatrists were studied. Features of criminal and administrative liability for violation of patients’ rights were established. A list of legal restrictions was established for medical professionals regarding the advertising and distribution of medicinal products obtained directly from pharmaceutical manufacturers. Proposals for amendments to the current legislation to improve the legal status of medical workers who provide psychiatric care have been formulated. It is proposed to enshrine in the Law of Ukraine On Psychiatric Care the peculiarities of legal regulation of labor relations of employees of health care institutions that provide psychiatric care. It is necessary to establish administrative responsibility for patients’ rights violations during the provision of psychiatric care in KUpAP.

The current state of legal regulation of labor relations in Ukraine

The experts’ point of view regarding the concept of “labor legal relations” has been studied and the author’s definition has been given, which means the volitional, legal relationship between an employee and an employer, arising on the basis of an employment contract, regarding the employee’s performance of work with its payment and ensuring the working conditions necessary for it performance provided for by labor legislation, collective agreement and agreement of the parties.
 The current state of legal regulation of labor relations has been considered. It is well-founded that the Labor Code of Ukraine has not been adopted to date, therefore the Labor Code of Ukraine should really be the main regulatory legal act that comprehensively regulates all aspects of labor relations. Ensuring this, first of all, will contribute to a clear understanding of the normative material and its quick search. It is noted that today, due to certain circumstances, the Labor Code does not fulfill the role of the main act of labor legislation: firstly, along with the Labor Code, there are traditionally other laws that regulate certain aspects of labor relations, namely the laws of Ukraine “On Labor Payment”, “On vacations”, “On labor protection”; secondly, the norms of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, adopted on March 15, 2022, suspended a large number of norms of the Labor Code and established other parameters of working conditions for all employees during the period of martial law.
 The analysis of the norms of modern national legislation shows that the changes established by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” worsen the working conditions of employees established by the Labor Code. It has been proven that the introduction of most of these changes is correct in the conditions of martial law, when the country’s economy needs radical transformations and additional resources. The inexpediency of reducing the guarantees established by the Labor Code for women who have a child under the age of three has also been proven, since raising a child is an extremely important social function of women in society and the state.
 The expediency of introducing wording changes in Articles 8 and 9 of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” from the words “women who have a child under the age of one year” and “of women who have a child under the age of one year” to, respectively, the words “women who have a child under the age of three” and “of women who have a child under three years of age” has been grounded in the article.

LEGAL REGULATION OF SPORTS TEAMS OF THE REPUBLIC OF KAZAKHSTAN AND INTERNATIONAL EXPERIENCE

In this article, the author examines the legal nature of the regulation of sports activities of Kazakhstani teams and the legal status of professional players and coaches involved in labor relations with sports organizations. The paper substantiates the need for a unified legal regulation of labor relations in the field of physical culture and sports. The author pays special attention to the introduction of the concept of "sports contract" into the legislation of the Republic of Kazakhstan.

Зміна організації трудових відносин в частині надання відпусток під час воєнного стану

The article is devoted to the study of changes in the labor relations organization regarding to the vacations during martial law. The essence of the category "labor relations" and their characteristic features are considered. The norms of labor legislation in peacetime and during martial law are compared. The procedure for granting leave without pay during martial law was studied: grounds, documentation, timesheets. The procedure for granting vacation was studied, taking into account the changes in the regulatory regulation of labor relations during martial law in such aspects as: the procedure for calculating average earnings; inclusion / exclusion of time from seniority, which gives the right to vacation; removal of holidays and non-working days from the calculation period, the duration of the vacation, taking into account the changes; inclusion / exclusion of unworked time in the calculation period; inclusion / exclusion of payments in the calculation of average earnings.

Main trends in the development of labour law under the conditions of martial state

The article emphasizes the role and importance of labour law as one of the fundamental branches in the legal system of Ukraine. Labour law is distinguished from other branches of law, first of all, by its social focus. In the conditions of martial law, labour law remains the guarantor of ensuring the labour rights of employees and employers and does not change its essence, social significance and social purpose.
 The main task of modern labour law in the conditions of martial law, as in peacetime, remains the development of an effective sectoral mechanism for ensuring the labour rights, freedoms and interests of employees and employers. It is about the proper establishment of the list of basic labour rights of the employee and the employer at the legislative level in accordance with international and European standards, as well as guarantees of their implementation, forms, methods and means of protection.
 Based on the analysis of the content of legislative acts adopted under martial law, the following main trends in the development of modern labour law in a special period have been identified:
 1) establishment of certain limitations and features of the organization of labour relations with observance of minimum labour guarantees;
 2) strengthening the protection of labour rights of employees and guarantees of their implementation;
 3) strengthening the flexibility of legal regulation of labour relations, employee mobility when exercising the right to work;
 4) expansion of the contractual basis for regulating labour relations.
 Emphasis is placed on the fact that when adopting new laws, introducing changes and additions to existing acts in the conditions of martial law, the legislative approach to the regulation of individual and collective labour relations should remain unchanged and, as in peacetime, should be aimed at preserving labour law as a separate branch of law with its independent sectoral legal mechanism – subject, method, principles of legal regulation, system of the branch of law, its sources and functions.

Профессиональные стандарты: роль и значение в обеспечении качества и безопасности медицинской деятельности, основные задачи

The article deals into detail with the application of professional standards in the activities of medical organizations and in the training of medical personnel. The authors substantiate that the application of professional standards in the regulation of labor relations of medical workers, as well as in the development and implementation of both professional educational programs and additional professional programs is an essential tool for ensuring the quality and safety of medical activities. The main tasks facing today in the field of the application of professional standards, the implementation of which will contribute to improving the quality and safety of medical activities, are identified: the creation of legal mechanisms for the effective application of professional standards by educational organizations; ensuring continuity in the application of professional standards between the training of medical personnel and the regulation of labor relations in the process of medical activity; the need to constantly maintain professional standards up to date.

Legal Nature of Separate Business Units of Organizations

Applying the retrospective analysis the author establishes the source and time of occurrence of the terminological group "branch, representative office and other separate business unit of the organization" in the legal regulation of labor relations. The emergence of such an entity as a separate business unit in the sphere of labor is associated with a change in priorities in the organization of the activities of legal entities. Historical background and theory of organization leads to the conclusion that the need of a legal entity to expand opportunities for external interaction, including due to a change in the geography of activity, can be satisfied through the creation of special units. Special units are separate units of the organization and differ from remote divisions and workplaces in their purpose. The author formulates material and formal signs of special units. The author proposes to consider the terminological group used in the labor sphere as a method of generalizing single-order formations. It is proved that the application of the generalization technique does not create a new concept in the labor sphere but requires the establishment of clearer boundaries.

To the question on the peculiarities of the legal regulation of labor relations in the martial law conditions

The peculiarities of legal regulation of labor relations, which are established by the special labor legislation of Ukraine under martial law, have been considered. The labor legislation, aimed at ensuring the realization of the right to work and rest in peacetime, turned out to be unable for objective reasons to regulate such relations in wartime conditions, therefore a separate Law of Ukraine “On the Organization of Labor Relations in Conditions of Martial Law” was adopted.
 The individual labor rights of employees, which are limited by legislation during the martial law, have been investigated, and their consequences for both sides of labor relations have been clarified. On the territory of the country, in accordance with the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”, the legislator temporarily limited a number of constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law. The labor rights of Ukrainian citizens to work and to strike, which are provided for in Articles 43-44 of the Constitution of Ukraine, were also limited.
 The essence of the concept of “martial law” and its features in terms of regulating labor relations have been clarified. It has been noted that there are no definitions of the categories “state of war” and “martial law” in the national legislation. The scientific views of scientists on this issue have been studied. The provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” have been analyzed with an emphasis on the realization of the right to work during the operation of the country under martial law, in particular the issues of: a) concluding an employment contract; b) termination of the employment contract; c) rest time d) working time.
 Ways of improving and supplementing the current labor legislation, which regulates the issue of labor relations of employees of all forms of ownership and types of activity, have been proposed.

EMPLOYMENT PROBLEMS IN KAZAKHSTAN: A COMPARATIVE ANALYSIS

This article is devoted to the archived problem of modernity - the problem of unemployment and the mechanism of legal regulation in the Republic of Kazakhstan. This article discusses the problems of unemployment in the Republic of Kazakhstan, since in any civilized state the level of unemployment and employment is an indicator of the country's economy. The article analyzes the regulatory framework for regulating labor relations, including relations in the field of employment of the population, which allows to clearly regulate the relations in question in the legal field. The Government of the Republic of Kazakhstan is constantly working to reduce the unemployment rate in the country, a whole system has been developed to eradicate unemployment, but the main challenge not only for Kazakhstan, but also for the entire world community has become the COVID-19 pandemic. The conditions of total quarantine, the transition to a remote format of work, the closure of borders between states "hit" the usual and stable activities of many enterprises, which, accordingly, led to job cuts. The purpose of this article is to disclose legal problems in the field of employment in the Republic of Kazakhstan, a comparative analysis with similar legislation of other countries. The article discusses the key stages of state legal activity in the field of employment provision.

Certain aspects of the social characteristics of violations of the citizens labour rights

The market economy formed in the Republic of Kazakhstan introduced a number of changes in the content of labour relations, in the legal situation of subjects of labour relations in connection with the emergence of new forms of ownership and the use of new methods of business. The absence of concrete effective measures in the field of legal regulation of labour relations, protection of the interests of labour relations participants, the imperfection of mechanisms for implementing social partnership leads to tension in social and labour relations. Therefore, in order to reduce social tensions arising from labour relations in the society life, there is a need to reform the existing legislation. It is clear that the current condition of legislative regulation of the procedure for considering and resolving labour relations, disagreements between the employee and the employer does not meet specific requirements for the protection of participants in labour relations. In this regard, the concept of legal policy until 2030 of the Republic of Kazakhstan emphasizes the need to reform labour relations with the help of flexible tools. The need to study the legal aspects of ensuring the implementation of citizens' labour rights depends directly on changes and reforms in the economy, in the social and legal systems of the country. Keywords: personal labour rights; collective labour rights; right to social protection, legal guarantees, employee, employer, liability.

CONTRACTUAL REGULATION OF EMPLOYMENT RELATIONS: PROBLEMS AND PROSPECTS

The research is devoted to the prospects of the development of labour legislation in the part of contractual regulation of labour relations. The relevance of the study is conditioned upon the necessity to update the regulatory framework governing labour relations, first of all, the relations on the conclusion, amendment, termination of labour contracts, and relations in the field of collective contractual regulation. The purpose of the study is to identify the risks and highlight the shortcomings of draft laws concerning the individual contractual regulation of labour relations, to analyse the prospects for the development of labour legislation on labour and collective agreements, and to develop the authors’ proposals to improve the state of legal regulation in this area. To achieve this purpose, the following scientific methods were used: dialectical, Aristotelian, analytical, formal-legal and comparative-legal. As a result of the study, the following priority measures to improve the contractual regulation of labour relations were identified. Ensuring that stakeholders are better informed about collective bargaining as a guarantee of employees’ rights (through the development of an information and advisory space, in particular, a virtual one). Intensification of the process of concluding collective agreements for maximum coverage of the employed population and employers, including individual entrepreneurs. Preventing the adoption of the proposed draft law No. 5371 as such, which by its scope may put employees of small and medium-sized enterprises in a worse position in terms of labour relations than employees who will not be subject to the contractual regime of regulation of labour relations. Further work in the area of labour law reform (both on the theoretical and practical levels) should concentrate on exploring options for regulating labour relations that would combine centralised, unified minimum guarantees for all participants in labour relations with special, possibly simplified, rules for particular categories (e.g. micro-enterprises). The generalisations can be used to develop draft regulations for labour law and can also be used to prepare research on the legal regulation of individual and collective labour relations.

Features of labor relations legal regulation of the preschool education institutions employees

The scientific research is devoted to the problems of legal regulation of labor relations of preschool education employees. The legislative and by-laws that regulate the labor relations of kindergarten workers are analysed. The works of individual scientists in the field of law, who investigated the problems of legal regulation of preschool education are studied.The methodological basis of the study was general scientific and special legal cognitive methods. To study the problem, we used the systemic, theoretical-legal, formal-dogmatic, comparative legal methods of cognition, as well as the state-legal modeling method.The status of teaching staff in a preschool education institution is held by the director, his or her deputy, educators, and the teacher's assistant. In addition, assistants to the educator and nanny, who do not have the status of a pedagogical worker, can work in the kindergarten. At the same time, the legislation does not fix the criteria for distinguishing the functions of an assistant and an assistant educator. The law does not allow distinguishing between a caregiver and a nanny.The following features of the legal regulation of the labor activity of workers in preschool education can be named. The legislation establishes the requirements for persons who wish to work at preschool education institutions. A reduced working time has been established, and an increased duration of the annual basic leave is provided. Legislative and by-laws establish the specifics of remuneration in the field of preschool education. An additional ground is provided for the dismissal of teachers in preschool education - committing an immoral offense.It was proposed to make a list of amendments to the Law of Ukraine On Preschool Education. The rules of law that enshrine the duration of reduced working hours or the leave duration in the field of preschool education should be enshrined in law, and not by-laws.The Law of Ukraine On Preschool Education should provide that teaching staff perform educational and organizational work, and assistants to educators (nannies) - auxiliary. It is proposed to combine the positions of assistants to educators and nannies into one category, to use the term assistant educator (nanny).It is necessary to develop a detailed list of a teacher's actions that may be considered immoral. Such misconduct can only be committed while performing work duties.