Flexibility of labour legal relationships in Ukraine: expectation and realities

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Flexibility of labour legal relationships in Ukraine: expectation and realities

0000-0002-3151-0180

labour legal relationships flexible forms of employment employee standart employment teleworking

Tekst ukr., streszcz. ang., pol.

The article examines the influence of flexibilization of the modern labor market on labor relations. It has been established that flexibilization of labor relations should become the main direction of the development of labor legislation, which will allow optimally combine the economic, social and private interests of the employer and the employee. Analyzing the experience of European countries in implementing the integrated strategy «Flexicurity», the author notes the ambiguity of the results obtained from the implementation of this strategy in practice. The position of researchers who emphasize that flexicurity is not the ultimate goal, but rather a means to achieve the objectives of the European Employment Strategy. It is noted that due to Flexicurity policies, the transition to flexibilities in labor relations will allow the subjects of these relationships to feel the security of their labor rights and, at the same time, rely on appropriate social protection. It is noted that now, the so-called non-typical forms of labor activity are out of legal regulation and do not fit into the classical design of the standard form of employment. Typical employment is based on such labor relations, in which some essential feature of the standard traditional labor legal relations has been altered: their duration, place and conditions for the fulfillment of the labor function by the employee, the labor regime, etc. Unusual forms of engagement with work differ from their standard flexibility. The article analyzes the current labor legislation of Ukraine and describes the state of legal regulation of such types of atypical flexible forms of work as: work on the conditions of part-time work, home work, work with a flexible working time regime, labor on the basis of fixed-term employment contracts.There is a substantiated need to legislatively regulate the labor relations of persons whose working conditions differ from the standard ones. In this case, it is necessary to ensure the contractual freedom of the parties to the individual labor relations and their reliable social protection. International labor standards generally accepted principles and norms of international law, enshrined in UN, ILO, EU, international treaties should be the legal basis for this. It emphasizes the value and effectiveness of flexible forms of work. It is indicated that a flexible organization of labor contributes to the mutual satisfaction of the interests and needs of the parties to labor relations. It is concluded that the draft Labor Code of Ukraine submitted to the Verkhovna Rada of Ukraine only creates an illusion about the implementation of labor legal relations in the labor legislation. The author proposes to abandon the existing employment standard for today, ensuring equal treatment of all forms of employment.

L'vìv

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2019, 10, s. 159-170

Czasopisma Naukowe w Sieci (CNS)

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