Vavzhenchuk. Right to protect labour rights as autonomous subjective labour right
Journal Title: Адміністративне право і процес - Year 2016, Vol 2, Issue
Abstract
In this article in the light of critical overview of legally enforceable enactments and scientific doctrine author gives definition «right to protection of labour rights». It is proved that the above-mentioned right is an autonomous subjective labour right. Author determines a number of elements of the right to protection of labour rights. The subjective right of protection of labour rights may be realized both in public and private law. It should be noted, that the realization of these rights is carried out differently. Author has come to the conclusion, that subjective right to protection of labour rights (1) defines the legal mechanism of labor rights protection, that has the legal instruments of individual, collective, state or international protection; (2) may be realized in the forms, methods, using remedies and applicable law or employment contract; (4) realization of the proposed right should be aimed at restoring or finding violated or disputed labour right at removing obstacles to its realization or to renew the legal status of the victim. The peculiarity of the right to protection of labour rights enables the person to realize the subjective procedural right to defense in case of violation, and this feature corresponds to legal duty of the state or other empowered bodies to carry out legal actions in case of labour rights violation. In other words, the defendant of labour rights can be restricted not only on the basis of unity of will and the expression of will of the worker, but also as a result of implementation of the legal obligation of the state (the competent public authorities, individuals) to such protection guaranteed labour rights without the initiative of the person whose rights have been violated.
Authors and Affiliations
S. Y. Vavzhenchuk.
Keywords
Related Articles
- EP ID EP439715
- DOI -
- Views 119
- Downloads 0
Legal issues of viticulture in Ukraine
In the article legal defects of viticulture legal regulation and their impact on current situation on grape production market in Ukraine have been considered. According to the Law of Ukraine «On Grapes and Grape Wine», d...
DIFFERENCES BETWEEN ADMINISTRATIVE AND LABOUR LEGAL RELATIONSHIPS IN CONTEXT OF PROCESSUAL PROBLEM OF PUBLIC SERVICE DISPUTES RESOLUTION
The subjects of proposed paper are administrative and labour legal relationship itself in field of public service, contemporary experience of administrative processual resolving of cases about entering, passing and it di...
LEGAL NATURE OF THE ADMINISTRATIVE TORT LAW OF UKRAINE
The article deals with the legal nature of the administrative tort law of Ukraine. To that end, studied the signs of the administrative tort. The author distinguishes between a posteriori and a priori signs of administ...
On the issue of defining the concept of "state defense" in the national security system of Ukraine
The article examines modern scientific views on the definition of "state defense", "national security", "military security" and their relationship in the system of na- tional security. The defense of the state is consid...
Features of the legal status of the National Depository of Ukraine and the Settlement Center on servicing contracts in financial markets
The article is dedicated to the study of features of the National Depository of Ukraine and the Settlement Center on servicing contracts in financial markets, which describe their legal status. The depository system m...