THE PROHIBITION ON FORCED LABOUR AS A PRINCIPLE OF LABOR LAW
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. In legal literature the law principles understands as ideas of law that define the content and direction of legal regulation of social relations. Law principles are the basis for the formation of provisions that fixed labor rights and duties of the parties of employment relationship. The principles determine the content of provisions; including provisions stipulate the legal status of the subjects of labor relations. Analysis of resent researches and publications. Only a few studies related to the consolidation of principles have been the subject of attention in academic writings of L. Yu. Bugrov V. V. Zhernakov, R. I. Kondratiev, O. M. Kurenniy, R. Z. Livshits, P. D. Pylypenko, S. M. Prylypko, O. I Protsevskiy, A. M. Jushko, O. M. Yaroshenko. Article’s main body. The right to labor associated with the voluntary choice of occupation, profession, place of work and labor freedom as the freedom of every person to dispose their abilities to work. Implementation of the person’s ability to work through the labor contract best of all reflects the implementation of the labor freedom principle and excludes forced labor. In the international legal field the basic documents aimed at the prohibition of forced labor is the International Covenant on Civil and Political Rights, 1966 (Art. 8) [10] International Covenant on Economic, Social and Cultural Rights, 1966 [11], that provides the right of everyone to earn money for living by labor that person freely chooses or freely agrees (Art. 6); ILO Convention №29 on forced or compulsory labor, 1930 [12], the Convention №105 on Abolition of Forced Labor, 1957 [13]. According to the ILO Convention №29 forced labor is any work that requires from any person under the threat of any penalty or person has not offered his services voluntarily (para. 1, Art. 29). From this it follows that forced labor characterized by two essential characteristics that have legal significance. The first, the lack of voluntary will of joining the labor relations or performance the work; the second – the possibility of punishment or violence in the case of failure of work performance In determining the nature of forced labor we should distinguish the difference between such concepts as «forced» and «compulsory» labor that are used in the title and in the content of ILO Convention №29. Article 43 of the Constitution of Ukraine established the prohibition of forced labor and identified the types of work that are not considered as forced labor. These include military or alternative (non-military) services, and work or service performed by a person under court decision or under the laws of war and emergency. The establishment of such constitutional guarantee is consistent with the stated principles of law. Conclusions and prospects for the development. Labor relations arises from the labor contract between the employee and the employer, under this contract employee takes the obligation to perform work outlined by this contract, to follow internal work order regulations, and employer should pay to employee the wages and provide working conditions necessary for the work and stipulated by labor legislation, collective agreements and by labor contract. This implies that the employer is forbidden to require from the employee performing work not due to labor contract (Art. 31 of the Labor Code of Ukraine). Prohibition to transfer the employee to another job without his consent ensures the implementation of his right to work, and it is based on the prohibition of forced labor because «without the will of the employee any change in the content of the labor contract is nothing more than forced labor.»
Authors and Affiliations
A. A. Konopeltseva
Keywords
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