FORM OF BUSINESS OWNERSHIP AS A REASON OF DIFFERENTIATION IN THE LABOR LEGISLATION

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FORM OF BUSINESS OWNERSHIP AS A REASON OF DIFFERENTIATION IN THE LABOR LEGISLATION

Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22

Abstract

Problem setting. A necessity to adopt a new Labor Code of Ukraine is a widely accepted fact. One of the main reasons of such thoughts is an adoption date of valid Code (1971). But we also need to extract the core problems of national labor legislation. There are such issues that require consideration: 1) appearance of new forms of ownership; 2) appearance of labor market where people that are looking for a job actively offer own candidacies to obtain desirable working place, when employers pick up the best candidates; 3) as a consequence of previous point we can note an increasing of staff turnover and lowering the role of labor collectives in the life of enterprises; 4) appearance of distant work etc. A size of this article can not contain analysis of all of these issues, that's why we stop just at some aspects of not state forms of ownership. Analysis of recent researches and publications. The problem of unity and differentiation of legal regulation of labor relations was a topic of scientific parers of many scholars, such as M. Y. Baru, V. Y. Burak, I. A. Vetuhova, M. I. Inshin, T. A. Koliada, K. Y. Melnik, L. V. Mohilevskyi, Y. P. Orlovskyi, O. I. Protsevskyi, S. L. Rabinovich-Zakharin, G. S. Skachkova, O. M. Yaroshenko. But problem of forms of business ownership as a reason of differentiation in labor legislation was not a subject of separate analysis. Target of research. The target of the article is to study how form of business ownership influences at regulation of labor relations. For this purpose we distinguish such tasks as: 1) to disclose an idea of unity and differentiation of legal regulation of labor relations; 2) to explore valid labor legislation and text of Project of Labor Code of Ukraine to find out how forms of business ownership influence at regulation of labor relations nowadays; 3) to formulate legislative proposals. Article’s main body. As a general rule, there are no restrictions about second job but for employees of state enterprises Law on Public Service says that second job for this category can not exceed 4 hours per day and full working day on the week end. Total duration of second job of such employees may not be more than an half of the month norm. According to general norms a recall from annual leave is allowed when it is consensual. Article 60 of Law on Public Service governs that State officials can be recalled from annual leaves without their consent. In both of named examples differentiation considers an heightened importance of Public Service and aims the best possible completing service duties. Conclusions and prospects for the development. Valid labor legislation often does not take into consideration an existence of different forms of business ownership, process of decentralization of legal regulation of labor relations, different motivation of Public and Private employers, necessity of different sharing the burden of guarantee provisions between Public and Private employers.

Authors and Affiliations

V. D. Aveskulov

Keywords

differentiation of legal regulation employment duration of annual leaves mandatory job placement labor of minors under the age of 18 women's work.

EP ID EP488555
DOI -
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