Нагляд і контроль за додержанням законодавства про працю як інститут трудового права

Abstract

The article considers the relationship between the concepts of supervision and control over compliance with labor legislation. It is substantiated that, despite the fact that these concepts are close in meaning and significance, they are not synonymous. The importance of supervision and control over the observance of labor legislation as a component of the system of protection of labor rights and interests is emphasized. It is proposed to define the concept of state control over compliance with labor legislation as the activity of the competent state body, carried out in the forms prescribed by law, to verify compliance with legal entities (including their structural and separate units that are not legal entities) and individuals using hired labor, requirements of labor legislation, collective agreements, collective and employment agreements. State supervision over the observance of labor legislation is defined as the activity of authorized officials carried out in the forms prescribed by law, to identify violations and shortcomings in the implementation of executive bodies of city councils of cities of regional significance, village, settlement, city councils of united territorial communities and central executive authorities control powers. The current legislation of Ukraine on supervision and control over observance of labor legislation, labor codes of some foreign countries, the draft Labor Code of Ukraine are analyzed. The place of the legal institute of supervision and control over the observance of labor legislation in the system of labor law of Ukraine has been clarified. Supervision and control over compliance with labor legislation as a separate legal institution in the labor law system of Ukraine is defined as a set of legal norms that establish concepts, functions, main tasks, subjects, objects, forms of supervision and control over compliance with labor legislation, system and powers of the bodies that implement them.