THE LEGAL REGULATION OF FINANCIAL LIABILITY OF EMPLOYER: CURRENT STATE AND PROSPECTS OF DEVELOPMENT
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The transformation of the socio-economic developments conditions of Ukraine significantly affected the relation of personal, collective, public and state interests in the field of labor where the relation of financial liability have got a new meaning. In preparation for the adoption of the draft Labour Code of Ukraine, the financial liability of the employer requires a special attention and the securing of a new approach to these relations in labor area. The rules on the financial liability of employer must correspond not only to the conditions of social and economic development but also to civilized standards of legal ensuring of labour relations on the basis of the commitments which Ukraine has undertaken with signing on 3rd March 2014 the Ukraine–European Union Association Agreement. Analysis of recent researches and publications. The scientific basis of the research are the works of V. S. Venediktov, O. S. Ioffe, M. S. Kelman, O. M. Lukianchikov, G. O. Murashin, V. F. Pohorilko, P. M. Rabinovich, O. F. Skakun, P. R. Stavyskyi, I. I. Shamshina, M. D. Sharhorodskyi, Iu. S. Shemshuchenko, L. S. Yavych. The target of research is to reveal the essence of the legal regulation of financial liability of employer under the labor legislation of Ukraine and to define the prospects of development of this institution of labour law. Article’s main body. There is announced that the basis of financial liability is labour property infraction, that means the infraction by one of the parties of the labour contract or duties contract, which resulted with damage to the other party. Under the current labor legislation of Ukraine the state guarantees in the use of the financial liability to the employer and worker are not identical. Analysis of additions of labor legislation includes a comparative analysis of the existing rules, regulations of the draft Labour Code of Ukraine and their comparison with the Legislation of European Union. The article stated that the labor legislation of European Union secure the liability for infraction of labor laws both at the contractual level and at the level of state coercion. And the European legislation as a system of supranational legislative system provides the variability of measures for violation of labor laws. Concerning the compliance trends of domestic labor laws on employer responsibility to the addition of EU labor law we can say that in general the trend approach the national labor law rules to labor law of EU. However, working on improvement of the national legislation of studied issues it should be aware of the differences of financial liability of employer to the worker for violation of their rights and damage to his health or property, and the responsibility of employer to the state for infraction of the law. It is also emphasized the need to review the existing means of securing to enforce the obligations of employer both under employment contracts and commitments which are fixed with acts of social partnership. Conclusions and prospects for the development. 1. The financial liability of employer is an industry type of responsibility and has the features of independent institution of labor law. 2. The responsibility of employer for infraction of labor laws, collective contracts or agreements, and also labour contracts has signs of state coercion and is implemented in different types of legal liability. It is the responsibility of general protected character provided by state coercion. 3. Fixing the employer’s liability for infraction of labor laws and expanding the reasons of financial liability of employer, including neglect of duties to provide the employee with goods and services contribute to the protection of workers’ rights and correspond to international democratic standards in the labour area. 4. Positively assessing the separation of an employer’s liability in a separate chapter of the draft Labour Code of Ukraine, we consider it necessary to expand the range of legal means to secure the fulfillment by the employer its contractual obligations to employees in the labour area.
Authors and Affiliations
O. E. KOSTYUCHENKO
Keywords
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