Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law
The problems of legal guarantees of the rights of workers in the field of working time, rest time and wages in the conditions of martial law have been studied. The definition of the terms “legal guarantees of employee rights” and “employee” has been improved. Legal guarantees of employee rights are...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-09-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/618 |
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| author | I. V. Nazarenko K. Yu. Melnyk |
| author_facet | I. V. Nazarenko K. Yu. Melnyk |
| author_sort | I. V. Nazarenko |
| collection | DOAJ |
| description | The problems of legal guarantees of the rights of workers in the field of working time, rest time and wages in the conditions of martial law have been studied. The definition of the terms “legal guarantees of employee rights” and “employee” has been improved. Legal guarantees of employee rights are legal norms that ensure the realization and protection of the rights of an individual working on the basis of an employment contract, as well as the activities of authorized bodies and organizations for the implementation of these norms. An employee is a natural person who works on the basis of an employment contract.
It has been proved that the main features of legal guarantees in labor law should be considered the types of legal responsibility, methods and subjects of protection of workers’ rights specific only to labor law. This is, firstly, the application of disciplinary and material responsibility to persons who have violated the rights of employees, secondly, the announcement and conduct of a strike by employees to protect their rights in the resolution of a collective labor dispute, thirdly, the protection of the rights of employees by specific defenders – trade unions. It has been noted that the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” significantly reduced the legal guarantees of the rights of employees in the field of working time, rest time, and wages provided for by the Code of Labor Laws of Ukraine and other acts of national legislation. This state of affairs has been underway for more than a year and continues with no prospects of cancellation in the near future, while most enterprises, institutions and organisations in Ukraine operate as usual, and we consider it necessary to leave the relevant restrictions on the legal guarantees established by the Law of Ukraine “On Peculiarities of Regulation of Labour Relations under Martial Law” only for those who work in critical infrastructure facilities (in the defence sector, public utilities, etc.). |
| format | Article |
| id | doaj-art-3d181e39b01b4a61a6ffcf74bd123558 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2023-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-3d181e39b01b4a61a6ffcf74bd1235582025-02-03T04:35:41ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-09-011023 (Part 1)708010.32631/v.2023.3.06618Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial lawI. V. Nazarenko0K. Yu. Melnyk1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe problems of legal guarantees of the rights of workers in the field of working time, rest time and wages in the conditions of martial law have been studied. The definition of the terms “legal guarantees of employee rights” and “employee” has been improved. Legal guarantees of employee rights are legal norms that ensure the realization and protection of the rights of an individual working on the basis of an employment contract, as well as the activities of authorized bodies and organizations for the implementation of these norms. An employee is a natural person who works on the basis of an employment contract. It has been proved that the main features of legal guarantees in labor law should be considered the types of legal responsibility, methods and subjects of protection of workers’ rights specific only to labor law. This is, firstly, the application of disciplinary and material responsibility to persons who have violated the rights of employees, secondly, the announcement and conduct of a strike by employees to protect their rights in the resolution of a collective labor dispute, thirdly, the protection of the rights of employees by specific defenders – trade unions. It has been noted that the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” significantly reduced the legal guarantees of the rights of employees in the field of working time, rest time, and wages provided for by the Code of Labor Laws of Ukraine and other acts of national legislation. This state of affairs has been underway for more than a year and continues with no prospects of cancellation in the near future, while most enterprises, institutions and organisations in Ukraine operate as usual, and we consider it necessary to leave the relevant restrictions on the legal guarantees established by the Law of Ukraine “On Peculiarities of Regulation of Labour Relations under Martial Law” only for those who work in critical infrastructure facilities (in the defence sector, public utilities, etc.).http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/618legal guaranteesrightspersonemployeeemployerworking timerest timewagesleavemartial law. |
| spellingShingle | I. V. Nazarenko K. Yu. Melnyk Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law Bulletin of Kharkiv National University of Internal Affairs legal guarantees rights person employee employer working time rest time wages leave martial law. |
| title | Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law |
| title_full | Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law |
| title_fullStr | Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law |
| title_full_unstemmed | Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law |
| title_short | Problems of legal guarantees of workers’ rights in the field of working time, rest time and wages in the conditions of martial law |
| title_sort | problems of legal guarantees of workers rights in the field of working time rest time and wages in the conditions of martial law |
| topic | legal guarantees rights person employee employer working time rest time wages leave martial law. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/618 |
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