Вісник Харківського національного університету внутрішніх справ (Jun 2024)
Monitoring by the Ombudsman of Ukraine for compliance with the labor rights of civilians who have disappeared under special circumstances
Abstract
The results of the monitoring of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding compliance with the labor rights of persons with the status of persons who have disappeared under special circumstances are presented. The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. Attention was drawn to the fact that the observance of such rights, especially in the conditions of martial law, is an important aspect of state policy. The purpose of the article is to analyze the legislation regulating compliance with the labor rights of civilian employees who are missing due to military aggression by the russian federation. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge: dialectical, comparative-legal, formal-logical, systemic-structural. On the basis of the conducted analysis, it was established that the legal norms that guarantee the preservation of the labor rights of the investigated category of employees are imperfect, which prevents the proper realization of the constitutionally guaranteed labor rights of employees who are missing. It has been established that there are different approaches to ensuring the labor rights of civilian employees depending on the position. It was established that the absence of a clear list of persons authorized to perform state functions makes it impossible to determine a complete list of such persons. The role of the Ombudsman of Ukraine in observing the labor rights of the specified category of persons is emphasized. The imperfection of the mechanism of informing the owner of the Register of missing persons of the employer about the acquisition of such a status by the person was noted. It has been established that in the absence of a missing person, the employer is unable to pay wages to the relatives of the missing person, and there is no order among relatives in the possibility of receiving wages. On the basis of the conducted research, conclusions were formulated regarding the gaps in the legislation, which lead to the violation of the labor rights of the specified category of citizens. On the basis of the received conclusions, in the future, proposals for normative legal acts may be formulated with the aim of restoring the violated constitutional rights of the missing persons, as well as their family members and relatives.
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