RELATIONSHIP BETWEEN GENERAL AND SPECIAL REGULATORY SUPPORT OF LABOUR RELATIONS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
The current stage of creation in Ukraine the legal state requires the improvement of the legal mechanism of social relations regulation. The most important and most common of these relations are relations in the field of social work that directly or indirectly affect the interests of every citizen of our country. However, in the sphere of legal regulation of labour today there are some problems that do not allow realizing in full secured by the Constitution of Ukraine rights, freedoms and legal interests of citizens, to create all the necessary conditions for the creative use of the employee's abilities and personal potential. These problems are caused by numerous contradictions and gaps in the labour legislation of Ukraine; by expansion of local regulation of labour relations that not only enhances the consideration of the interests of the parties to the employment agreement, but also creates the danger of distortions (arbitrary interpretation) of labour laws and the deterioration of a worker’s legal status. Modern law enforcement practice shows that there are cases of insufficient consideration of sex, age and physiological characteristics of workers, their level of training, inadequate conditions of their labour, territorial location of enterprises, institutions and organizations in solving the most important issues – the conclusion and termination of employment contract (agreement), establishment of wages and work and rest periods of workers, etc. Eliminating unjustified differences in regulation of labour, aligning the legal status of certain categories of workers without reducing legal safeguards is a prerequisite for the implementation of constitutional rights, freedoms and interests of citizens. This requires a clear definition and further consolidation of the regulatory features in the content and scope of the rights and obligations of labour relations subjects on certain grounds.
Authors and Affiliations
К. М. , Горбачова
Keywords
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