FEATURES OF REGULATION OF LABOR RELATIONS DURING MARTIAL LAW IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)Publication Date: 2023-10-31
Authors : Tsesarskyi Feliks;
Page : 120-125
Keywords : labor relations; martial law; labor law;
Abstract
The peculiarities of the legal regulation of labor relations, which are established by the labor legislation of Ukraine, in the conditions of martial law, are considered. The provisions of the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law» are analyzed with an emphasis on the implementation of the right to work during martial law in the country. The separate labor rights of employees, which are limited by legislation during the martial law, were investigated, and their consequences for both sides of labor relations were clarified. As a result of the analysis of the temporary changes made to the organization of labor relations during the martial law, and a comparison with the norms of labor legislation in peacetime, it was determined that the process of organizing labor relations was simplified, such a new norm as «suspension of the employment contract» appeared «, certain restrictions were removed, at the same time some norms of labor legislation were abolished, in particular regarding holidays and non-working days, certain guarantees and rights of employees were limited. The author came to the conclusion that, firstly, the experience of introducing martial law in the country revealed a number of problems of both a practical and theoretical-legal nature, in particular, regarding the unequivocal understanding of the legal principles of martial law for certain subjects, as well as the procedure for introducing and terminating the effect in the conditions prevailing in the country. Secondly, in the course of the research, it was determined that the conditions of martial law significantly complicated the interaction of the parties, the basis of their relations was laid down in the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law», which during the war has a priority role over other legislative acts. which regulate the work of the sphere of employment regulation. Thirdly, one of the positive aspects of the current state of legal regulation of labor relations is that the current labor legislation is gradually adapting to modern labor relations through numerous changes and additions.
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