CONTRACT ON WORK FOR THE QUESTION: SOME PROBLEMS OF PROTECTION OF LABOR
Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22
Abstract
Problem setting. Critical phenomena in the economy, the spread of information and communication technologies cause a reduction in output and jobs. The domestic labor market is gradually borrowing global trends. Already today, leasing of personnel, distance employment, non-standard schedules of working time can be considered as the basic innovations in the employment field. Flexibility in the labor market in a variety of its forms and manifestations gains new quality. Indeed, the use of non-standard forms of employment can increase the flexibility of the labor market, but insufficient legal regulation (and sometimes its lack) entails a deterioration of working conditions and a reduction in the social protection of employees. Analysis of resent researches and publications. The legal regulation of atypical employment has been analyzed by S. Golovin, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, O. Protsevsky, O. Rymkevych, V. Soifer, O.Yaroshenko. At the same time, there are a number of problems that are not sufficiently highlighted, including the issue of work safety during applying non-standard forms of employment. Article's main body. Training, instructing and testing knowledge on work safety issues play an important role in the formation and maintenance of a safe working environment. Training and instruction in safety rules create the foundation for the preventive activities of the employer, help to prevent accidents and occupational diseases, and it is a guarantee of life and health protection of the employees. At enterprises, institutions, organizations, where "classical" labor contracts are concluded with employees, there are no questions regarding the time of training, instructing and testing of knowledge on labor protection and payment. However, if an employee is working on a "non-standard" employment contract (where personal, property or organizational criteria have been changed), there may be many questions about the time of training, instruction and knowledge testing should be conducted. Conclusions and prospects for the development. Based on the above mentioned, in our opinion, it is advisable to train and instruct the employee on occupational safety issues during the period of waiting for the work. Of course, this time must be paid by the employer. In the absence of specific legislation regulating the labor of employees on the call, the main regulators of the relationship between such employees and employers is local and individual regulation. Thus, the question of the timing of training and instruction on occupational safety issues and payment of this period can be attributed entirely to individual regulation.
Authors and Affiliations
Y. V. Svichkarova
Keywords
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