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LABOR RIGHTS OF UKRAINIAN CITIZENS ABROAD: PECULIARITIES OF LEGAL REGULATION AND PROTECTION

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 58)

Publication Date:

Authors : ; ;

Page : 85-90

Keywords : labour rights; migrant workers; protection of labour rights; international conventions; labour migration;

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Abstract

The article is devoted to the actual problems of legal support of labor migration of Ukrainian citizens abroad. The main domestic normative legal acts and international treaties, conventions ratified by Ukraine, which regulate the issues of labor migration, the issues of effective protection and realization of the rights of such citizens are identified. These normative acts were analyzed and it was concluded that the issues of employment of Ukrainian citizens abroad are solved not only in accordance with national legislation, but also with the legislation of the host country and international treaties. In addition, it was found that bilateral agreements between Ukraine and other states play a significant role in the implementation of such labor rights. The categories of labor migrants and the criteria for their division into separate groups are distinguished: there are four such categories. It is found that depending on the category of such citizens, the scope of their rights and powers is determined, as well as the level of protection of their rights and legitimate interests in case of their violation. The problem that is relevant for Ukrainian citizens in connection with the Russian-Ukrainian war is investigated: the issue of employment of Ukrainian refugees and persons who have received the status of persons in need of temporary protection. The article describes the mechanisms of realization of the basic rights of migrant workers: the right to proper working conditions, decent wages, rest and social protection. The problem of pensions and other social benefits of migrant workers is discussed, because the provision of such benefits is regulated differently in international agreements: in the agreements of Ukraine with the CIS countries the territorial principle is applied, and with European countries the principle of proportionality is taken as a basis. In addition, the issue of double taxation of citizens and ways to avoid it is disclosed.

Last modified: 2023-03-15 23:26:23