"TRANSFORMATION" OF HIRED LABOR AS ONE OF THE CONDITIONS FOR REFORMING LABOR LEGISLATION OF UKRAINE: ECONOMIC AND LEGAL DIMENSION

Abstract

The purpose of the article is to study the theoretical and applied aspects and identify the problems of the "transformation" of hired labor, as one of the conditions for reforming the labor legislation of Ukraine, in the context of their economic and legal dimension. The labor relations that arise and function between an employee and an employer in Ukraine are regulated by the norms of labor law both of the Soviet period and from the time of the declaration of independence of Ukraine. The article emphasizes that starting from the 1990s and until now, the national labor legislation has problems that require: 1) legislative coverage and consolidation of the social purpose of labor law in the sphere of regulation of labor relations between an employee and an employer and their practical implementation; 2) correct clarification of the content of the behavior of the subjects of labor relations based on prohibitions, orders and permits that regulate certain aspects of labor activity; 3) reforming labor legislation in order to direct and bring it into line with the Constitution of Ukraine and generally defined principles and norms of international labor law; 4) the unity of the legal policy of the state in the field of labor of certain categories of employees; 5) creation of an effective legal mechanism to regulate the sphere of contractual relations, both individual and collective, taking into account the new social relations between employees and employers on the basis of social dialogue; 6) creation of an appropriate legal framework that would ensure the economic interest of employers in creating safe working conditions for employees; 7) legislative regulation of gender equality of the rights of men and women in the field of work in order to ensure equal opportunities related to remuneration for work results and social protection of employees; 8) new in the content approaches of legal regulation of legal responsibility for violations of labor legislation precisely because the norms of labor law are transformed from general formalized provisions into specific legal rights and obligations of subjects of labor relations. The article emphasizes that each person independently makes decisions about his own work and is personally responsible for his well-being. At the same time, labor legislation should be a high-quality and effective regulator of labor relations, which is the basis for meeting the material and social needs of the employee.

Keywords

• labor legislation
• responsibility
• employee
• employer
• transformation
• market economy