DIFFERENTIATION OF LEGAL REGULATION OF LABOR RELATIONS WITH THE PARTICIPATION OF SAILORS IN INTERNATIONAL LABOR STANDARDS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
It was confirmed that the importance of a comparative study of international and national labor standards is relevant at any stage of the development of society. The article defines that international labor standards are somehow connected with almost all spheres of human activity. In turn, a large number of international labor standards are devoted to the regulation of labor for certain categories of workers, in particular seafarers. The theoretical aspects of the differentiation of international legal regulation of labor relations with the participation of seafarers are investigated. The objective conditions of work of this category of workers, which are more in need of legal regulation, have been identified and analyzed. In particular, this is due to: the peculiarity of the place of work and workplace of seafarers; a large participation of higher mental functions, psycho-emotional stability and tension, that is, to a greater extent depend on the personal characteristics of the person; the specifics of the legal status of the employer, which is due to the fact that often the labor relations of seafarers arise both with a foreign shipowner and with third parties and are subject to the labor laws of a foreign state; endowing seafarers with rights that are not inherent in the general subject of labor relations. The classification of international labor standards on the legal regulation of labor relations of this category of workers was carried out and the need to ratify some specialized International Labour Organization conventions was proved. The necessity and importance of determining the legal status of seafarers, the legal protection of their labor rights and interests, taking into account the provisions of international labor standards, is substantiated. According to the results of the study, recommendations were developed on the application of the best international experience in the legal regulation of seafarers’ labor relations in order to improve the national legislation under the influence of international labor standards.
Authors and Affiliations
М. М. Грекова, Є. А. Греков
Keywords
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