LEGAL REGULATION OF LABOR RELATIONS IN RELIGIOUS ORGANIZATIONS: SOME ISSUES OF THEORY AND PRACTIC
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The article deals with theoretical and applied issues of legal regulation of labor relations in religious organizations. Analysis of resent researches and publications. Some aspects of the above issues researched fragments such scholars as D. O. Vovk, E. V. Drobko, A. Dudchak, O. Zolotukhin, T. A. Kolyada, I. V. Mima, S. M. Prylypko, Yu. Radchenko et. al. Target of research. The purpose of this article is just an analysis of applied and theoretical aspects of legal regulation of labor relations in religious organizations. Article’s main body. The problems of the right to work in religious organizations, and the legal nature of the clergy. The author proves that the existing legal regulation of labor relations in religious organizations is imperfect and requires making some changes. Thus, it is reasonable, to resolve the issue labor-law relationships within religious organizations in the Labor Code of Ukraine; leave compulsory state registration of labor contracts concluded between a religious organization and its employees, with simultaneous indication of part 4 article 24 of the Labor Code that the absence of state registration of the employment contract have no ground for recognition of the employment contract void or not concluded if the employee actually assumed to his duties; 3) to give legal status to religious groups and the right to conclude into employment contracts. There is also arguments for that the activities of a priest or other person entrusted with the systematic implementation of pastoral, ritual, missionary functions and leadership religious organization is inherently labor. In this regard, the implementation of these activities may be carried out under the employment contract concluded between religious organizations and the respective priest. Conclusions and prospects for the development. The existing legal regulation of labor relations in religious organizations is an imperfect and needs modification. In particular, it is appropriate: 1) resolve the issues of labor law relationships in religious organizations in the Labor Code of Ukraine; 2) leave the compulsory state registration of labor contracts concluded between a religious organization and its employees, with simultaneous indication of part 4 articel 24 of the Labor Code that the absence of state registration of the employment contract is not grounds for recognition of the employment contract void or not concluded if the employee actually assumed his duties3) in terms of the needs of the labor legal regulation to provide legal entity status to religious groups and, therefore, the right to labor contracts Activities of clergyman or other person entrusted with the systematic execution of pastoral, ritual, missionary functions and leadership religious organization is inherently labor and meets the specific features of the employment relationship (duration, payments, personal involvement). Accordingly this activity can be viewed as a form of personal realization of their right to work with the relevant obligations of the State in protection of the law, human rights mechanisms, the possibility of appeal to court and so on.
Authors and Affiliations
O. A. Yakovlev
Keywords
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