SELF-PROTECTION OF LABOR RIGHTS FROM THE PERSPECTIVE OF UKRAINIAN LEGISLATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article presents the scientific treatment and understanding of the legal nature of self-protection which is applied as one of the ways to protect labor rights. Different scientists’ legal positions in point of an appropriate definition of this legal phenomenon are also analyzed in detail here. Considering the fact that self-defense is a non-jurisdictional form of protection, the article gives a list of its differences from jurisdictional forms of protection. There are also described in short the main features of self-defense. One of them indicates the purpose of using this method of protection. Taking into account that today the Labor Code of Ukraine doesn’t contain special legal norms concerning the worker’s right to self-protection of their labor rights, the need for more detailed consolidation of this method of protection is discussed. It is also proposed in the article to develop a certain procedure for the implementation of self-defense, as well as the criteria for the lawfulness of its application, in order to avoid further abuse of this right by employees. Clear limits to the implementation of self-protection are formulated; in particular, the beginning and the termination of the employee’s use of this method of protection were determined. It draws our attention to the need for the consolidating of not only the procedure for the realization of such a right by the employee, but also its form of implementation, such as: absenteeism or suspension of work. In addition, it is proposed to reinforce the prohibition for the employer or his representative to prevent workers from exercising the right to self-protection of labor rights. At the end, it is concluded that in the future, with the proper elaboration of the issues, the right to self-defense by the workers can become one of the effective ways of protection of labor rights.
Authors and Affiliations
К. О. Орлова
Keywords
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- EP ID EP477887
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