Modern Features Of The Legal Regulation Of Labor Rights In Ukraine

Abstract

The relevance of the article lies in the fact that in it the authors considered the problems of regulatory regulation of labor rights under martial law in Ukraine. This research goal was achieved with the help of general scientific and special methods of scientific knowledge, by referring to the regulatory regulation of issues relating to the functioning of the employment sphere, the settlement of some of its non-standard forms, the interests of employees, etc. It was concluded that under martial law, the legislative approach to the adoption of new laws, amendments and additions to existing acts should take place in compliance with international legal standards to ensure appropriate guarantees to persons exercising the right to work, and to enable trade unions to fully perform representative functions. The analysis of the content of normative legal acts adopted under martial law made it possible to single out the key trends in the development of modern labor law in a special period: strengthening the protection of labor rights of workers and guarantees of their implementation; expansion of contractual principles for the regulation of labor relations; introduction of certain restrictions in labor relations with observance of minimum labor guarantees; strengthening the flexibility of legal regulation of labor relations and employee mobility in the exercise of the right to work. Emphasis is placed on the fact that the theoretical developments and conceptual provisions of legal science for the realization of the right to work, developed by the world community and detailed in the requirements of national labor legislation, require a new vision in terms of compliance with the criteria of necessity, reasonableness, expediency and taking into account national peculiarities. At the same time, when adopting new laws, amending existing regulations under martial law, the legislative approach to the regulation of individual and collective labor relations should remain unchanged and aimed at preserving labor law as a separate branch of law with its independent sectoral subject, method, principles of legal regulation, sources and functions.