Право і безпека (Mar 2021)
Regarding the Problem of Legislative Definition of Labor Legislation’s Competence, the Concept and Features of Labor Relations
Abstract
The authors have studied the norms of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence” dated from February 9, 2021 No. 5054. The scholars’ points of view on understanding the competence of labor legislation, concepts and features of labor relations have been studied. The authors have determined the expediency of introducing the norms suggested by the draft Law for inclusion in the Labor Code of Ukraine in relation to the competence of labor legislation, concepts and features of labor relations. Recommendations for solving the identified problems have been formulated. It has been offered to reflect the main features of labor relations in the concept of “labor relations” contained in Part 1 of the Art. 21 of the Labor Code of Ukraine provided by the draft Law, as well as to introduce a norm in the Art. 21-2 of the Labor Code of Ukraine of the following wording: “Work may be recognized as being performed within the employment relationship, if there are basic features of the employment relationship”. The main features of labor relations are as follows: 1) personal nature. Personal performance of work by an employee on a specific qualification, profession, position; 2) paid nature. Systematic payment of the salary for the performed works by an employer to an employee; 3) the nature of subordination to an employer. Work is performed by an employee on behalf of, under the guidance and control of an employer. The authors have suggested own definition of the term of “labor relations”, which is understood as a voluntary two-way communication between an employee and an employer, which involves personal performance of the work by an employee defined and paid by an employer under his guidance and control. The authors have developed own edition of the Art. 3 of the Labor Code of Ukraine; and have improved the provisions of the draft Law of Ukraine “On Amending the Labor Code of Ukraine to Define the Concept of Labor Relations and Features of Their Existence”.
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