THEORETICAL-LEGAL FRAMEWORK AND AXIOLOGICAL CONTENT OF EMPLOYEES’ HONOUR IN CURRENT CONDITIONS OF MARKET REFORMS
Journal: LAW AND INNOVATIONS (Vol.1, No. 9)Publication Date: 2015-01-30
Authors : OSADKO O. O.;
Page : 118-123
Keywords : employee; labor; honor; moral rights; value;
Abstract
Problem setting. In current conditions reforming of labor legislation of Ukraine and its increasing implementation to international law aims to ensuring and promoting human rights in the labor field. The important role in this process has been played by issues related to building and development of employee labor honor institute, because the study of this question will give the opportunity: firstly, to make a distinction between the subject of labor and civil law; secondly, to examine the legal nature of the moral rights of employees more thoroughly; thirdly, to develop an effective legal mechanism of protection the moral rights of employees. Analysis of recent research and publications. The issues concerning with definition of employees’ honor, rights to labor honor and the mechanisms of its protection have been studied by such scholars as M. Yi. Baru, S.N. Bratus, N.P. Zarubina, B.I. Zelenko, R.Z. Livshits, A.M. Lushnikov, M.V. Lushnikova, M.M. Maleyina, M.S. Maleyin, V.I. Marhotin, I.I. Pryphan, M.G. Pronin, O.A. Tserkovna and many others. Target of research. The purpose of this article is the theoretical and legal research of employees’ labor honor institute and determining of its axiological content. Article's main body. In accordance with art. 3 of the Constitution of Ukraine, people's life and health, honor and dignity, integrity and security are recognized in Ukraine as the highest social value. At the same time, in the draft of Labor Code of Ukraine "the right to respect employee’s dignity and honor and its protection" is one of the basic labor rights. However, either the draft of Labor Code of Ukraine, nor in any other applicable labor acts and regulations, does not contain specific legal mechanisms that contribute to the protection of employee's honor and dignity. Also legislator does not define what is meant by "labor honor". 1azNational legislation of Ukraine, unfortunately, does not have a definition of honor because it is at same time the moral and ethical categories and moral right that could be protect in the judicial procedure. Conclusions and prospects for the development. Thus, on the basis of the above mentioned, we can consider that employee’s labor honor is an employee’s attitudes to work, resulting in the assessment to his labor activity by the labor collective, administration and so on. Giving the attention to the value of labor honor institute, it should be noted that more detailed development of this institute will create more favorable working conditions that directly have impact on interest in work. The development of an effective mechanism for the protection of moral rights of employee will serve as an additional guarantee and factor to encourage employees to the results of theirs work.
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