GROUNDS FOR ARISING OF INDIVIDUAL LABOUR RELATIONS WITH MEMBERS OF FARMING ENTERPRISES AND OTHER AGRICULTURAL ENTERPRISES AND COOPERATIVES
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. The issues about forms of exercise of right to work by the citizens of Ukraine and, correspondingly, those about the grounds for arising of labour relations based on the agricultural enterprises membership, remain among the most controversial problems in the law of Ukraine. Particular legal provisions include too loose rules, which do not provide full and clear answer to the questions: what legal acts can create labour relations with members of agricultural businesses as well as who are the subjects of such relations? Are all labour relations in the mentioned agricultural business entities legally homogeneous? Аnalysis of recent research and publications. Current studies by representatives of both labour and agrarian law on legal regulation of labour relations at farming enterprises of Ukraine (Danshyna K. Ye.), on the problems of the theory of agricultural legal relationships (Urkevych V. Yu.), do not contain answers to the given questions. Target of research. The objective of the article is to discover elements of the set of facts of admission to (entry into) membership; to prove that labour relations of agricultural enterprises’ members are regulated by labour legislation. Paper main body. The analysis of the meaning of labour relations concept and that of agricultural labour relations; study of legal acts – grounds for arising of labour relations with members of agricultural enterprises; determination of the participants of these relations. Conclusions and prospects for the development. In order to regulate relations, relating to labour of agricultural entities’ members, the legislator provides for exclusive application of labour legislation. Part 2, Clause 3 of the Labour Code of Ukraine contains a model, according to which in regulation of labour of agricultural enterprises’ members priority first of all is given to centralized special legislation, and then to local normative and individual contractual acts, and, only in the absence of the latter, to centralized general regulation. The grounds for arising of labour relations of agricultural entities’ members can be set of facts with various legal acts: (a) constituent agreement, (b) articles of association, (c) set of facts (constituent agreement /articles/ + employment agreement /contract/).
Authors and Affiliations
V. V. Yeryomenko
Keywords
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