REALIZATION OF THE PRINCIPLE OF FREEDOM OF LABOR CONTRACT IN THE EVENT OF A LABOR LAW RELATIONSHIP
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article investigates and analyzes the issue of the implementation of the principle of freedom of labor contract in the event of a labor law relationship. Features and main components of the aforementioned concept are considered. The peculiarities of the settlement of the issue are investigated. The implementation of the principle of freedom of the labor contract in the event of the emergence of labor legal relations in Ukraine is explored. A legal analysis of the implementation of the principle of freedom of the labor contract in the event of the emergence of labor relations is carried out and concluded that the principle of freedom of labor agreement gives the worker and employer a wide range of possibilities for determining the terms of the future employment contract. The latter, in turn, defines the subjective rights and obligations of the parties of labor relations arising as a result of the conclusion of an employment contract. Thus, the freedom of an employment contract at the stage of its conclusion regarding the definition of the terms of an employment contract is important from the point of view of ensuring the stability of labor relations and the mechanism for the further change of the terms of an employment contract. The establishment in national law of the principle of freedom of the labor contract must enable the employed person and the employer exercising the right to recruit staff to determine the working conditions which are most appropriate for them. The terms of the employment contract should not be burdensome for their parties and disturb the balance of their interests. The principle of freedom of the labor contract has a wide range of actions, since at the stage of concluding an employment contract covers both employment-related relationships and, in fact, employment relationships that arise from the day the employee begins to work and continue to be terminated on the grounds determined by labor legislation.
Authors and Affiliations
К. Ю. Герман
Keywords
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