The essence of the legal framework for the implementation of legality in labor relations
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In the article defined the concept of realization of legality in labor legal relations. The essence of legal support for the implementation of legality in labor relations is characterized. It is substantiated that the realization of legality in labor relations is a mechanism and a process that functions within the framework of ensuring legality and consists in the introduction of the rules aimed at establishing a regime in which the violation of the provisions of labor legislation is minimized, as well as the application of the relevant rights and responsibilities in this area. Control bodies as entities of law enforcement perform their functions by conducting labor law compliance inspections. According to their results, appropriate sanctions are applied to business entities and violations of labor legislation are required from employers-offenders. As of today, such supervisory bodies are the State Service for Labor and the State Fiscal Service. The relevant authorities have the widest range of powers to impose sanctions for breach of labor legislation. Not less important subjects of the lawfulness are courts of general jurisdiction. The latter consider individual disputes of the parties to labor relations and in the event of a violation of labor rights and, accordingly, labor laws, take decisions that protect and restore the violated right. In addition, the guilty party shall reimburse the costs incurred by the other party and compensate for the material and non-pecuniary damage suffered by the injured party. Therefore, the court is one of the most important elements as a mechanism for the implementation of legality in labor relations, and the corresponding wider mechanism of ensuring legality. The peculiarities of the legal provision of the implementation of legality in labor relations are as follows: 1) is realized both by state authorities and by actors – participants in labor relations; 2) the most interested subject in the implementation of legality is a hired employee; 3) hired workers can realize the legality of labor relations both independently and through trade union organizations, which among the subjects of labor relations have the largest set of instruments-powers; 4) the legal framework for the implementation of legality is regulated both in the Labor Code (in the future TK) and in other legislative acts of labor legislation, as well as other legislative acts; 5) the legal framework for the implementation of legality in labor relations can be characterized as due. It is concluded that the realization of legality is an important theoretical and practical category, which reveals the essence and content of the corresponding legal regulation of labor legal relations. The latter discloses the means available to the subjects of labor relations and state authorities regarding the requirement and actual implementation of legally significant actions aimed at bringing the public relations into conformity with the formally established actions.
Authors and Affiliations
Ihor Dashutin
Keywords
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