ENFORCING LABOR DISCIPLINE UNDER THE DRAFT LABOR CODE OF UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article concerns legal regulation of enforcing labor discipline. The attention is focused on the effectiveness of rules of the current legislation on disciplinary penalties that may be applied to employees for committing a disciplinary offense. The comparative analysis of the provisions of the Code of Labor Laws of Ukraine and the draft Labor Code of Ukraine was carried out. It should be emphasized that neither the Code of Labor Laws of Ukraine nor the draft Labor Code of Ukraine defines the concept of labor discipline. It should be further emphasized that in the Code of Labor Laws of Ukraine special attention is paid to labor discipline and enforcement thereof while in the draft Labor Code of Ukraine such attention is paid to internal labor regulations. It should also be noted that internal labor regulations rules are still an important part of the institute of labor discipline, these rules are determined more qualitatively in the draft Labor Code of Ukraine than in the Code of Labor Laws of Ukraine. However, these rules were not directly set forth in the draft Labor Code, except that authors of the draft define independent elements of rules on the method of encouragement systematized by legislator. Thus, the rules directly or indirectly related to such method of enforcing labor discipline are scattered in the draft, which is considered not to be very positive. It may be noted that currently methods of labor discipline defined in the draft Labor Code (art. 269) are the same as those already provided for in Article 140, paragraph 1 of the Code of Labor Laws of Ukraine, namely persuasion, training, encouragement and coercion. At the same time, currently in the draft Labor Code there is no separate chapter entitled “Labor Discipline”, which is contained in the effective Code of Labor Laws of Ukraine. Analyzing the activities of the legislature, we may state that currently there are no clear methodological principles and scientifically-based methodological approaches to drafting national labor legislation, as authors of the draft did not pay enough attention to the issues of labor discipline. Summarizing given scientific reasoning, we come to the conclusion that insofar as labor discipline is concerned the draft contains some innovations, but not all of them can be defined as positive. Research on scientific and theoretical approaches to the issues raised is given in the article. Conclusions and suggestions are made.
Authors and Affiliations
Tetiana Koliesnik
Keywords
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- EP ID EP406127
- DOI 10.32366/2523-4269-2018-64-3-61-67
- Views 94
- Downloads 0
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