Scientific interpretation of legal liability for violation of internal labor regulations in Ukraine
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article the essence of legal liability is analyzed. Author’s definition of legal liability for violation of internal labor regulations is given. The drawbacks of the domestic legislation in this area are noted. Responsibility for violation of internal labor regulations occurs in the event that the person does not comply or violates the rules governing the internal labor regulations at the enterprise, institution or organization stipulated by the law, by subordinate normative legal acts, acts of a contractual na ture and local normative legal acts. It has been determined that responsibility for violating internal labor regulations is defined by the state, authorized bodies, labor collective and employer types of legal charges that a person must incur in case of violation or non-compliance with the norms of internal labor regulations established at a particular enterprise institution or organization. The domestic system of legal liability for violation of the internal labor regulations has the following disadvantages: 1) improvement of the quality of work is carried out by increasing the types of disciplinary charges and the number of persons prosecuted, and not by increasing incentives and material remuneration of employees; 2) absence in the Code of Practice of clear regulation of the grounds, procedure and conditions for bringing a person to liability for violation of the rules of internal labor r egulations; 3) no distinction is made between the types of liability for acts that violate the norms of internal labor legislation and the norms of other laws; 4) the disciplinary penalties specified in the rules of the internal labor regulations do not determine the peculiarities of the procedure for bringing the person to liability, but only repeat and declare the norms already adopted by the laws; 5) the law does not define the legal consequences of a person’s repeated prosecution of disciplinary or material liability within a clearly defined period. The interests of the employer and the employee do not always coincide, which leads to the emergence of various types of conflict situations. In order to reduce the number of disputes by the state, the authorized bodies and the employer must clearly regulate the rights, obligations, terms of work of the employee and establish the rules of legal responsibility for violation of certain rules of internal labor regulations.
Authors and Affiliations
Antonina Padalka
Keywords
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