COMBINATION OF PUBLIC AND CONTRACTUAL REGULATION OF LABOR RELATIONS AS A LABOR LAW PRINCIPLE
Journal: LAW AND INNOVATIONS (Vol.1, No. 10)Publication Date: 2015-04-07
Authors : ZIGALKIN I. P.;
Page : 73-80
Keywords : principles of labor law; public regulation of labor relations; contractual regulation of labor relations; the principle of combination of public and contractual regulation of labor relations; labor and closely related relations; public relations; state;
Abstract
Problem. Important theoretical and practical significance in the modern terms of menage is acquired by the problem of correlation of spheres of public and contractual regulation. These categories are interdependent as expansion or narrowing one necessarily entails a change other parameters. Analysis of recent research. Enough attention in labor-legal doctrine is given to principles of labor law. There is in scientific works of M. G. Aleksandrov, N. B. Bolotina, V. V. Zhernakov, M. I. Inshyn, I. Y. Kiselev, R. Z. Livshits, L. I. Lazor, V. V. Lazor, A. R. Matsyuk, Y. P. Orlovsky, O. S. Pashkov, P. D. Pylypenko, S. M. Prylypko, V. I. Prokopenko, O. I. Protsevskyy, R. I. Kondrat'yev, O. V. Smirnov, N. M. Khutoryan, G. I. Chanysheva, V. I. Shcherbina, O. M. Yaroshenko and other scientists in the field of labor law. The aim of this publication is an analysis of the systems of principle of combination of public and contractual control of labor relations in the modern terms of menage taking into account experience of countries of European Union. The main material. Combination of public and contractual regulation - is one of basic principles of labor law in Ukraine. It defines an order and conditions of establishment rights and obligations of subjects of labor and related to them legal relations. Its maintenance is taken to that the basic guarantees of protection of labor rights for the participants of labor legal relationships are set by laws, and the rest of the rules regulating labor parties determine by agreement among themselves or in the manner prescribed by centralized rules themselves. Thus, contractual regulation should not go outside and conflict with standards set for its by state. The specificity of this principle is that the fullness of regulation is provided through the optimal combination of both public and contract regulation. Conclusions. Principle of combination of government and contractual control of labor relations of − it one of important principles of functioning of labor right as one of leading industries in the system of right for Ukraine. Tendency to expansion of sphere of the contractual adjusting is drawn in legal adjusting of labor and closely associated with them relations. The state, in turn, sets the legal guarantees of protection of labor rights for workers, limit of the contractual adjusting, determines principles of search of general interests of workers and employers and warning of negative consequences of their inconsistency.
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