Subjects Of Labor Relations Research Articles

CHANGES IN THE LEGAL FIELD OF PERSONNEL MANAGEMENT IN THE CURRENT CONDITIONS OF MARITAL STATE IN UKRAINE

For the effective development of any enterprise, organization or institution, a key aspect is the organization of work with documents, in particular with personnel documentation. Personnel documentation includes a variety of documents containing information about personnel, such as applications for acceptance, dismissal, transfer to another position, orders, autobiographies, characteristics, contracts and employment agreements recorded in labor books. The personnel department is responsible for the preparation and execution of these documents and is considered a mandatory and important structural unit of any organization. Personnel accounting is carried out at all enterprises and institutions that have the right to independently hire and fire employees, transfer them or reward them, as well as establish their own internal rules and working conditions. Documents related to personnel work are drawn up at almost every enterprise. The quality of documentation and its efficiency significantly affect how effectively work with these documents is conducted. The very process of working with personnel documentation is an essential component of personnel administration. The determining factor in the success of mutual relations and maintaining the balance of the interests of employees and employers is the development and introduction of the necessary organizational and legal document base, which will ensure the progress of the labor process in accordance with the norms of current legislation. Compliance with key measures of personnel work guarantees the management of labor resources in accordance with ethical norms also. This will ensure a civilized resolution of problems and conflicts that may arise between subjects of labor relations. After all, the burden on labor legislation and personnel management is significantly increasing and requires adaptation to new realities in modern conditions of martial law.

LEGAL REGULATION OF CRIMINAL LIABILITY OF THE EMPLOYER FOR NON-PAYMENT OF WAGES

In the presented work, a special problem of responsibility for the violation of one of the parties to the employment relationship, namely by the employer, of its obligations is considered: the issue of non-payment of wages by the employer to the employee and its regulation by law enforcement legislation. The authors set a goal to get a general idea of the adjacent border between labor and criminal law on the subject of violation of the employee’s right to remuneration for the work he has invested. Wages are the subject of labor relations, which are regulated by the branch of labor law. A person guilty of violating labor legislation is brought to disciplinary, material, civil, administrative and criminal liability. It is here that the bridge we need is located, connecting labor law itself and other areas of law. The authors draw their conclusions based on the analysis of the system of public law norms of the designated branches of legislation and the practice of their application.

Злоупотребление правом в механизме осуществления прав и исполнения обязанностей субъектами трудового правоотношения

Злоупотребление правом в механизме осуществления прав и исполнения обязанностей субъектами трудового правоотношения

Current issues of regulating on recording of the employee’s labor activities

This article has analyzed the current labor legislation on recording of an employee’s labor activity. The study focuses on the settlement of theoretical and practical problematic aspects of the process of employment records digitalization, and on the non-infringement of employees’ and pensioners’ labor rights and as subjects of labor relations in this regard.
 The law stipulates that an employee’s work activity will be recorded in electronic form. In addition, it regulates the procedure for accumulating, processing and using this information to confirm the length of service and automatically grants pensions with the right to postpone retirement. The legislator envisages a gradual transition from paper to electronic employment records by 2025. Within this period, it is possible to use both versions of the existing or entered information about the employee’s work history from the state register.
 We believe that the purpose of introducing a digital analog of a paper employment record book was to improve the recording of Ukrainians’ labor activity, reduce paperwork and the associated risks of loss or damage to documents. It has been found that the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Electronic Employee Labor Records” have gaps in this regard which require further improvement and elaboration.

Conflicts and disputes in the field of labor: essence and interaction

Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving labor legislation have been formed. In particular, the need to introduce in the new Labor Code a person’s waiver of an employment contract as an organizational and legal means of protecting the rights and interests protected by law is substantiated. Conclusions and prospects for the development. Conflicts and disputes in the field of labor are not limited to the mechanism of collective labor disputes. Conflicts in the field of labor are objectively conditioned by the general conflict between labor and capital. If a labor dispute can be resolved through court and arbitration, then the conflict needs to be resolved through concessions and compromises and is exhausted by complete reconciliation. The state plays a significant role in the prevention and resolution of collective labor disputes (conflicts), as it is interested in economic stability, the establishment of harmony between the subjects of labor relations. Legal regulation of conflicts and disputes needs to be qualitatively improved.

Electronic personnel document management: from legal experiment to practice

The subject. The introduction of electronic technologies into management processes has led to the need to regulate the issues of the use of electronic personnel document management (further - EPDM). In the spring of 2020, Russia was conducting a legal experiment on the use of electronic documents related to work. As part of this experiment, according to the rules established by federal law, individual employers voluntarily refuse to issue certain types of personnel documents in paper form. It concerned employment contract and other contracts with an employee (on financial responsibility, apprenticeship), a vacation schedule, employee statements, as well as regulatory and organizational and administrative documents of the employer on labor (orders on admission, dismissals, penalties, etc.). The results of this experiment became the basis for the introduction of appropriate amendments to the Labor Code of the Russian Federation.The main purpose of the study is to develop recommendations for improving the current labor legislation for the legalization of electronic personnel document management as part of a system of measures to achieve the maximum balance of interests of employees and employers.The main methods of the research are the analysis and generalization of judicial practice on labor disputes related to the evaluation of electronic evidence, the practice of using electronic personnel document management by individual employers, both participating and not participating in the legal experiment conducted at the federal level.The main results, scope of application. The preliminary results of above mentioned experiment have been summarized and an assessment of the validity and potential effectiveness of the draft law submitted to the Russian Federal Assembly has been given. The authors propose the results of a critical analysis of the interim results of the legal experiment on the introduction of EPDM. The authors demonstrate the pros and cons of electronic document management in terms of the readiness of the current legislation for it, as well as subjects of labor relations. The innovations of the prepared draft law on the introduction of a new article 22.1 to the Russian Labor Code as well as its positive aspects and some shortcomings are considered. Not only legal and technical shortcomings are indicated, but also some fundamental substantive contradictions. For example, a negligent attitude to the involvement of employees in making managerial decisions in the social and labor sphere due to the establishment of a trade union monopoly in a number of issues of social dialogue when introducing electronic personnel document management. The draft law does not consistently address issues related to security, enhanced qualified signature and the costs associated with obtaining it by an employee. The modern attitude of Russian courts to electronic evidence in labor disputes is demonstrated by the example of judicial practice. These examples demonstrate the most pressing issues of the introduction and use of EPDM, which need to be resolved at the legislative level. There is a need for effective protection of all participants in labor relations in the context of the development of digital technologies and their implementation in the daily life of each person.Conclusions. Adoption of new federal law regulating EPDM was necessary to establish general rules for employee-employer interaction in the digital environment, as well as for legalization of the exchange of electronic documents as a way of labor management.

The concept of partnershıp work ın vocatıonal educatıon ınstıtutıons

The experience of countries operating in market conditions shows that, among other factors, the proper formation of young people in terms of specialities and professions plays an important role in improving the living standards of the population, significantly reducing poverty. The theory of partnership has been formed not once, but within a long development of philosophical, economic, legal and political thought. We find the first word about partnership in the philosophical works of Plato and Aristotle, who put forward the idea of partnership as an equal and free individual among citizens. The concepts of "natural law" and "social contract", which emerged in the XVI-XVII centuries, are undoubtedly of interest in considering this problem. T. Hobbes was one of the first to think about this problem, pointing out that society is perceived as the result of an agreement between the people and the will of the legislature. The analysis of the scientific works presented by I. Kant, O. Comte, K. Marx, E. Durkheim, and M. Weber argues that social interaction in society is based on human solidarity, in which case partnership plays the role of a mechanism. One of the most important functions of the state is to achieve the mechanism of development of legal partnership and forms of social partnership, the rules and mechanism of interaction between the subjects of partnership, the calculated size and sequence. The analysis of the current situation, logical generalization and grouping, statistical data and sociological research methods were used as research methods. The purpose of the study is to study the main function of the partnership, to analyze the possibility of compromising and harmonizing the interests of all subjects of labor relations through the development of agreements between the parties through social interaction.

WAGES AND MECHANISM OF ITS PAYMENTS IN UKRAINE AND CANADA: COMPARATIVE ANALYSIS

The article examines and compares the concept and size of wages in Ukraine and Canada. In the course of the research the definition of the term’s “salary” and “wage” according to the labor legislation of Ukraine and Canada was considered. The analysis and comparison of the definition of the concept of wages contained in the regulations governing labor relations in Ukraine and Canada. The author's own vision of the definition of "salary" is given. It is proved that wages and remuneration are essentially different concepts between which it is inappropriate to equate, because wages should be paid to the employee for the work performed by him, that is, in essence, it should be compensatory, and remuneration is just an incentive or compensatory nature, for example, the reward should be considered gratitude for conscientious work or outstanding achievements in professional activities, etc. It is concluded that at the constitutional level the right of a person to remuneration and related opportunities are more specifically and in detail specified in the Constitution of Ukraine in comparison with the Constitution of Canada where it is reduced to a minimum. An analysis of the level of wages in Ukraine and Canada, based on the size of wages, different professions and areas of activity. It is concluded that wages play an important role between the subjects of labor relations in both Ukraine and Canada. It is noted that there is a huge gap between the salaries of workers in Ukraine and Canada. Attention is paid to the comparison of the minimum wage in Ukraine and Canada. It is noted that it is positive to borrow from the experience of Canada forms of remuneration, this would eliminate the shortcoming of the current The Labor Code of Ukraine and the Law of Ukraine "On Remuneration of Labor" in terms of consolidating forms of remuneration. The approach to the procedure for payment of wages at the state level in Ukraine and Canada is analyzed, it is concluded that the content of the rules governing the mechanism of payment of wages in Canada are similar to those contained in the Labor Code of Ukraine and the Law of Ukraine "On Remuneration of Labor", But there are some differences that are positive in nature and bring some flexibility in the regulation of labor relations regarding the legal regulation of wages, which can be borrowed and used in the labor legislation of Ukraine.

Професійні характеристики медичних працівників як учасників трудових правовідносин

The article examines the qualification requirements for medical workers as subjects of labor law. Medical activities are distinguished from other types of activities in the field of healthcare, and the main features of a medical worker as a subject of labor relations are highlighted. It is shown that the priority direction of state policy in the field of Health Protection and the main task of each medical institution is to provide high-quality medical care (services), which primarily depends on providing the medical institution with qualified labor resources and necessary material and technical equipment. At the same time, proper organization of the labor process of medical workers, effective and productive legal mechanisms for ensuring the organization of medical care and medical services provided by medical institutions are the foundation for the functioning of the health care system both at the level of each individual region and at the state level as a whole. It is proved that the legal regulation of the organization of practical medical activities and the provision of medical care is carried out comprehensively by the norms of various branches of law (civil, commercial, administrative, labor, criminal, procedural, etc.). Of course, the determining role in the process of regulating medical activities is performed by the legal norms of special medical direction (appointment). However, the quality of medical services depends primarily on the qualifications of health workers, which determines their ability to perform their duties to provide medical care (services) on a professional basis. It is noted that the purpose of identifying medical workers among other health care workers is to determine their labor and legal status, qualification and educational level, job function, professional responsibilities, requirements for the quality of medical care and conditions for its provision and, accordingly, the grounds bringing to legal responsibility for violation of labor, civil, medical, administrative, criminal and other legislation. Professional qualification characteristics of various categories of medical workers are determined, their qualification and educational level and real ability to perform specific work within the framework of medical activities and medical care are analyzed.

Iimitation of Personal and Professional Responsibility under the Terms of the Directives

Responsibility is understood as altruistic activity based on awareness of the consequences of one's
 activities. The article justifies the forced need to imitate responsibility, when an employee is required to
 have activities contrary to his professional conscience and common sense. Contradictions related to different understandings of “good” work (honest, high-quality, socially oriented) by different subjects of labor relations, including the employee and the bearers of policy prescriptions (leadership, colleagues, members of the public etc.) are analyzed. It proposes a model of predicting possible imitations of personal and professional responsibility, based on the reflection of these contradictions. In the case of creative work (science, education, culture etc.), under strong bureaucratic pressure of various policy prescriptions, the ideas of the development of “parallel” science are proposed, when, on the one hand, it is necessary to imitate a certain activity (ostentatious “workholism”), and on the other hand, to find opportunities for real creativity.

Особливості трудових відносин в Україні на період встановленого карантину (Covid-19)

Annotation. Introduction. The author investigates in his article the main drawbacks of the Ukrainian legislative base that may cause difficulties for employers and employees during the COVID-19 pandemic. While reading this article you will find several solutions on how to limit salary expenses of you company or firm, lead in remote or part-time working schedule on the enterprise and grant employees unpaid leave. The article also deals with the procedure of the paper work that should be done while processing sick leaves of the people who suffered from the COVID-19 disease or contacted with the COVID-19 patients. Purpоse. The purpose of this article is to identify the shortcomings of labor legislation during quarantine and restrictive measures related to the spread of coronavirus disease (COVID-19). Consider and analyze new approaches in building labor relations between employees and employers in the face of rising unemployment and the introduction of telework. Results. The pandemic covered 210 countries and territories. Studies have shown that tens of millions of people have lost their jobs. According to various social survey centers, every third company surveyed optimized the payroll, sent employees to remote work with a reduction in wages, reduced staff and transferred some workers to contracts. Today it is possible to exercise the right to receive partial unemployment benefits for insured workers who have lost part of their wages due to forced downtime or reduction of working hours due to quarantine. Cоnclusiоns. Today, much responsibility lies with the subjects of labor relations, much depends on the employees and employers, on their responsibility and charity. State aid to those categories that were more vulnerable during the crisis remains important. Financial assistance can take the form of grants and grace periods on outstanding loans – in order to support and overcome the profitability crisis. Keywоrds: labor relations; pandemic; wages; COVID-19.

Modern Trends of Labor Law Development in the Republic of Kazakhstan

The subject of the study is public relations related to the specification and implementation of State policy aimed at social security of citizens and protection of their rights and freedoms in the field of labor relations, free choice of professions and occupation. Employment of the population, as a concept and as a legal category, is defined both as personal right and public policy. Considering that the degree of realization of human and civil rights and freedoms for a free choice of profession depends on the state of the economy and on legal, organizational, administrative measures taken by public authorities, the issues of ensuring full and productive employment will always be in the dynamics of development, improvement and in process of study. The methods of comparative legal analysis, dialectical principles, and the principles of consistency in the study of the subject of research on the basis of specific historical methods, logical techniques and means have been used in this research. Using the above methods and principles in the study of this problem allows us to consider the phenomena in their relationship and development. The research represents one of the attempts of a comprehensive, systematic analysis of labor relations arising both on the basis of an employment contract and an administrative act appointing an employee to a post. The article reveals: the content of employment contracts; the legal personality of the State through the competent authorities in the field of labor relations; the significance of the employment contract on liability; the specificity of State activities through the competent authorities of the relevant sectors as a subject of labor relations; conditions for applying civil employment contracts; legal conditions by which the competencies of various categories of employees are determined. Keywords: Republic of Kazakhstan, labor legislation, legal personality, legal relationship, authority, labor relations.

Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes.
 It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task.
 It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.

ФІНАНСОВЕ ЗАБЕЗПЕЧЕННЯ РОЗВИТКУ ТРУДОВОГО ПОТЕНЦІАЛУ УКРАЇНИ

The features of financial support of the labor potential were explored; the relationship between the concepts of “labor resources”, “human capital” and “labor potential” was analyzed. The attention is focused on the competitiveness of labor potential, which is presented in the coordinate system “subjects of labor relations and competitiveness”. The revenue-generation systemfor the economically active population was schematically shown and the current state of the labor potential of Ukraine, taking into account the indicators of the economically active population, was analyzed. It was substantiated that there is a significant part of the salary arrears at economically active enterprises of Ukraine that does not allow a positive characterization of the state of ensuring the financial obligations of employers to employees. On this basis, recommendations for managing salary arrears as the main component of financial support for the development of labor potential were formulated.

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.

Providing constructive interaction of subjects of labor relations based on social dialogue and social responsibility

The article presents the results of research on the interaction of subjects of social-labor relations on the basis of assessment of the state and dynamics of the main factors influencing it (on the basis of sociological studies and other data). The state and main problems of development of key subjects – trade unions and employers’ associations are analyzed, the main factors that negatively influence their activity are determined. The basic scheme used for analysis of the main social factors that determine the interaction of subjects of social and labor relations is the conceptual triad “trust – awareness – motivation”. The conditions of activating the constructive interaction of subjects of social and labor relations in the context of the principles of social responsibility and social dialogue are determined. The main ones are increasing mutual trust, creating an effective communication system, as well as having the will to reconcile interests and readiness for dialogue and compromise. The basic requirements to the modern informational-communicative strategy of interaction of subjects of social-labor relations are substantiated. In particular, they include the following: implementation of the principles of social dialogue and social responsibility; orientation on the possibilities of modern information and communication technologies; orientation on the solution of the most acute problems in the field of social-labor relations; creation of effective mechanisms of feedback between communication actors. Basing on the results of the analysis, the directions and conditions for the activation of constructive interaction between the participants of the social dialogue are proposed and substantiated, in the context of the state and dynamics of key social and socio-psychological factors.

LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.

APPROACHES TO UNDERSTANDING LABOR AS A SUBJECT OF LABOR RELATIONS

The article is devoted to the analysis of the concept of the labor collective in the laws of our stateand the doctrine of law, the role of this subject in the process of enterprise management is defined, theproblems of the definition of the labor collective as a separate subject of labor relations are singled out.Mentioned on the ways to solve the problems. It is noted that the participation of employees in the management of the enterprise creates a legal way of realizing the socio-economic interests of members ofthe labor collective.

ВПЛИВ ДЕРЖАВНОГО РЕГУЛЮВАННЯ НА СПРАВЕДЛИВУ ОПЛАТУ ПРАЦІ

The article considers state regulation in terms of ensuring fair wages. It is noted that in the transition to a market economy there is a separation of interests of employees, employers and the state. An employee is objectively interested in this if the state and trade unions really guarantee him social protection. Characterizing the role of the state, it is indicated on the one hand that it acts as a subject of social partnership and directs its activities to economic growth. On the other hand, in the event of the need for a sharp increase in wages, the state, using the tax system and other indirect methods, is able to reduce the negative consequences for the entrepreneur from making such decisions. Depending on the influence of certain factors, there are notions of normative and positive role of the state. The question of the insolvability of the problem of measuring the amount of labor is raised. Emphasis is placed on the fact that work is the functioning of the employee, his appropriate activities in production or in the field of services, in the process of which he spends some physical energy and mental effort. It is determined that with the help of the mechanism of state regulation the conditions of balance of interests of all subjects of labor relations are created. The state performs the function of ensuring the general conditions of socio- economic growth. In this regard, both the types of regulation and the mechanism itself are changing, ie the changes relate to methods, methods of regulation. It is concluded that the state needs to take on the organizing function of setting reasonable prices for labor, taking into account differences in the qualifications of employees. Nowhere in the world are there such great differences in wages as in modern Ukraine, which differ in complexity. The transition to a policy of anticipatory growth of monetary income should not be too abrupt, should be manageable and take into account the real situation with the availability of goods and services.