BASIC DIRECTIONS PRINCIPLES OF ADOPTION OF THE OF SOCIAL STATE IN LABOR LAW

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BASIC DIRECTIONS PRINCIPLES OF ADOPTION OF THE OF SOCIAL STATE IN LABOR LAW

Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13

Abstract

Problem setting. In the article the basic directions of strengthening the foundations of the welfare state in labor law. It is noted that the current Labour Code, adopted December 10, 1971, despite it made numerous changes and additions less corresponds to the socio-economic situation. The emerging and growing extremely dangerous gap between the legal regulation of various spheres of socio-economic activities. Article’s main body. Performance standards aimed at a high level of formal legal protection worker, leads to unfavorable economic and, at first sight is paradoxical social consequences. Mostly ineffectiveness of legal regulation of labor relations caused by the absence of a clear mechanism for implementation of the law laid down in its principles and warranty provisions. This situation is due to many reasons, among which are the following sense: not a clear separation issues are solved at different levels of regulation; impacts of regulations among themselves; not prompt filling of gaps in current legislation; insufficient legal technique and others. Inflexible system of hiring and firing together reduces labor mobility, preventing their redistribution among enterprises, industries and regions is an obstacle to the gradual transition from inefficient areas of employment effective. Saturation current Code unrealistic guarantees and facilities contributes to the emergence and further development of negative tendencies. Including: labor relations, especially in the commercial sector, often mechanically substituted by civil law, with the result that workers actually lose even the existing minimum guarantee since the application of labor laws in full by the employer is not economically viable and feasible; most formally protected by labor laws workers actually became less competitive in the labor market in droves replaced him. Conclusions and prospects for the development. Emphasized the need for consistent implementation through the Labor Code the following relationship public and contractual regulation of relations in the workplace: the state retains the right to consolidate and specify a labor law constitutional provisions and the basic procedures set mandatory for safeguarding labor rights; level collective bargaining regulation defined sectoral, regional and other features of labor organization and implementation of labor guarantees; individual contractual regulation becomes a way of determining the participation of the immediate conditions of their work and promotion.

Authors and Affiliations

О. H. Yaroshenko

Keywords

EP ID EP457462
DOI -
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