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ON THE PROBLEM OF PREVENTION MEASURES AND MINIMIZATION OF THE ADVERSE EFFECTS OF MASS DISCHARGE OF EMPLOYEES

Journal: LAW AND INNOVATIONS (Vol.1, No. 11)

Publication Date:

Authors : ;

Page : 132-139

Keywords : prevention of mass discharge of employees; adverse effects; state policy; trade unions; social dialog; employment of population;

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Abstract

Problem setting. The implementation of labor rights and guarantees of employees, applicable labor conditions creation, employees' and employers' rights and interests’ protection are the purposes of legal regulation of labor and associated with labor relations in Ukraine. Legislation realize significant adverse effects of mass discharge of employees on labor market as the system of legal, social, labor, economic and organizational relationships arising by jobseekers, employees, trade unions, employers and theirs organizations, public authorities in the employment field. Because of that legislation provides for a system of prevention measures and minimization of adverse effects of mass discharge of employees. Target of research. The purpose of the article is to study the effectiveness of prevention measures and minimization of the adverse effects of mass discharge of employees in modern conditions. Analysis of resent researches and publications. Certain aspects of the problems of mass discharge of employees have been studied by: L.Y. Velichko, P.I. Zhyhalkin, M.I. Inshyn, T. Markina, S.M. Prylypko, O.I. Protsevskyy, O.V. Prudyvus, A.M. Jusko, O.M. Yaroshenko and others. However, it does not exclude the need of systematic study of this issue, that is particularly relevant in the economic crisis in Ukraine. Article’s main body. Modern relations in social and labor field should provide coordination and protection of the interests of employees, employers, state and local authorities by the consensus, by development and implementation of a coherent policy. This is not about merging interests and this is about the achieving an optimal balance between them, about the creation of such a situation in what every employer is able to provide stable profit, and employee - worthy existence conditions that will meet a certain level of living standards. Conclusions and prospects for the development. Thus, it is reasonable to enshrine in legislation the following list of prevention measures and minimization of the adverse effects of mass discharge of employees: (1) restriction or suspension of new employees hiring; (2) prohibit the part-time employees’ employment and dismiss part-time employees; (3) prohibit the combination of professions (positions); (4) temporary suspension of the legal entity or its separate units; (5) abolition the overtime working; (6) changing fundamental terms of employment; (7) introduction the part-time work; (8) gradual discharge of employees; (9) other measures provided for by collective agreements and contracts. In addition, author pay attention that the decisions on prevention measures of mass discharge of employees and minimization of its adverse effects should make the owner or authorized body, but compulsorily with mandatory approval of the elected body of primary trade union organization.

Last modified: 2016-03-01 22:17:05