THE CONCEPT AND CONTENT OF THE PRINCIPLE OF SOCIAL DIALOGUE IN THE FIELD OF LABOUR
Journal Title: Право та інновації - Year 2016, Vol 4, Issue 16
Abstract
Problem setting. One of the topical tasks of modern science of labor law is a comprehensive research of the system of principles of the branch on the basis of International and European labor standards, domestic legal traditions, comparative analysis of labor legislation of Ukraine and legislation of foreign countries, practice of its realisation by the law enforcement bodies. Special research is required for the principles of legal regulation of labor relations, including the principle of social dialogue in the sphere of labor. Target research. The aim of this article is the definition of the concept and content of the principle of social dialogue in the field of labor, its place in the system of principles of labor law. Analysis of recent researches and publications. In the modern science of labor law the principles of legal regulation of labor relations were researched in the works, written by N. B. Bolotina, I. P. Zhyhalkin, O. J. Lavriv, D. A. Pankov, O. V. Starchuk, G. I. Chanysheva and others. However, the principle of social dialogue in the field of labor has not been the subject of a special comprehensive study so far. Issues that require attention from researchers include the question of the concept and content of the aforementioned principle and its place in the system of principles of labor law. Article`s main body. As one of the basic principles of modern labor law the principle of social dialogue in the field of labor is the guiding idea, underlying principle, that expresses the essence, basic properties and general direction of legal norms of the institutes of collective labor law, and also separate institutes of individual labor law. In the system of principles of labor law the principle of social dialogue in the field of labor belongs to the principles inherent in labor law in general, i.e. those that are the governing ideas, fundamental principles of legal regulation of individual and collective labor relations that are distinguished in the subject matter of labor law. The content of the principle of social dialogue in the sphere of labor should not be reduced to the participation of workers, employers and their representatives in the establishment of mutually acceptable conditions. This principle foresees the need in constructive cooperation of the parties of the social dialogue at various levels (national, sectoral, territorial, local) for coordination of their objectively opposing interests, search of a compromise, achievement socially significant and useful results. In the new economic conditions the content of the principle of social dialogue in the field of labor is increasingly expanding. Specification of this principle manifests itself in the norms of various institutes of labor law. Conclusions and prospects for the development. The principle of social dialogue in the sphere of labor is a fundamental principle of legal regulation of participation of workers, employers and their representatives in the contractual regulation of individual and collective labor relations, the establishment and activities of bodies of social dialogue, various forms of interaction and cooperation of the parties of social dialogue at national, sectoral, territorial and local levels. The list of the basic principles of legal regulation of labor relations, enshrined in Art. 2 of Draft Labour Code of Ukraine, should be supplemented with the principle of social dialogue the sphere of labor.
Authors and Affiliations
G. I. Chanysheva
Keywords
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