ON THE PROBLEM OF DETERMINATION OF THE ESSENCE AND FEATURES OF LABOUR LEGISLATION OF UKRAINE

Abstract

In the article, based on the analysis of scientific views of scientists regarding the understanding of the concept of “labor law”, the author defines his own definition of this scientific category. The own view on the list of characteristic features of the labor legislation of Ukraine is presented. It is noted that the labor legislation of our country is represented by a number of normative legal acts, the system of which is too extensive, which significantly impedes the normal regulation of labor relations, and therefore today there is an urgent need for its systematization. It is emphasized that a legal act should be understood as an official document, which was drafted and adopted in accordance with the procedure established by law by an authorized body of state power, and which contains homogeneous legal norms aimed at regulating legal relations in a specific sphere of public life. Therefore, the sphere of social relations that needs regulation directly influences the content of normative legal acts, the quality of filling of which already depends on the effective functioning of the respective legal relations. It has been found that the key purpose of local regulations is to ensure the effectiveness of the workforce within each company, organization, institution, etc. The wines are intended to detail the rules of centralized legislation, as well as to expand the list of employees’ labor guarantees. If the local normative act of the employee deteriorates in comparison with the centralized legislation, then such act is recognized as invalid. It is determined that the combination of centralized and local regulation of labor relations is revealed in the institutions of the employment contract, collective agreement on the establishment of working conditions, remuneration, discipline of labor, etc. The regulation of relations that are included in the subject of labor law can be done by concluding, amending, supplementing collective agreements, agreements, as well as employment contracts. Agreements, collective agreements, employment contracts should not have in their content conditions that reduce the level of rights and guarantees of employees established by labor law.