THE CONCEPT AND CLASSIFICATION OF EMPLOYEES LABOR RIGHTS PROTECTION FORMS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
The article analyzes the current state of labor rights protection of workers in Ukraine. The development of a market economy in Ukraine is accompanied by numerous violations of workers’ labor rights, rising unemployment and impoverishment of the working-age population. Therefore, there arises a question of developing an effective mechanism for protecting the rights and freedoms of both an employee and employer in labor relations, creating conditions for the proper exercise of constitutional rights and freedoms. A reliable legal mechanism should become not only a modern social necessity, but also an effective way of expressing the social value of labor law as a regulator of labor relations and ensures the implementation of economic reforms in the state. The violated subjective right of a person is subject to compulsory protection by means provided for by the current legislation, to which the substantive and procedural legal means apply. The substantive means are to determine the ways to protect the rights and interests in order to remove obstacles to their implementation through the restoration or recognition of rights, the establishment of a legal status of a person and the like. Procedural legal methods consist in determining the range of subjects, the procedure for reviewing cases and the implementation of the judgements and are a form of rights protection. The form of protection is considered as a type of legal activity, in which the protective legal relations concerning labor law take place. The question of the forms and methods of protecting labor rights is not sufficiently investigated. This leads to the fact that the existing legal instruments provided by law are not effectively used in the protection of labor rights. Scientists have not agreed to define forms of protection and classification of such forms. In today’s conditions of a market economy development, the implementation of state protection of labor rights should be considered in a number of areas: in law-making activity, in the activity of state entities of supervision and monitoring of the application of labor legislation, as well as in the work of judicial bodies in the field of labor rights protection. In order to avoid duplications and contradictions in the powers of state entities exercising protection of workers’ labor rights, their activities should be harmonized and streamlined. At the same time, state forms of protection should be used alongside with non-state ones, which will testify to the development of civil society and the rule of law.
Authors and Affiliations
В. Б. Бойко
Keywords
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