Trends and prospects for improving legal regulation of supervision and control of compliance with labor law

Halyna Terela
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Abstract

The purpose of the article is to study trends in the development of labor law in general and the supervision and control of compliance with labor law, in particular, in order to outline the directions for improving the legal regulation of the named institute. To achieve this goal, we have defined the following tasks: to reveal the essence of the institutionalization at the international level of the concept of decent work and prospects for enshrining the right to decent work in national labor law; to find out the state of implementation of international and European standards in the field of supervision and control over compliance with labor law into national legislation; to characterize the peculiarities of the implementation of supervision and control measures in conditions of martial law; to formulate proposals for improvement legal regulation of supervision and control over compliance with labor legislation. During the research, both general (dialectical) and general scientific (analysis and synthesis), as well as special legal research methods (hermeneutic, prognostic), which are based on the requirement of a comprehensive analysis of political and legal phenomena, were used. Their totality made it possible to determine that the improvement of legal regulation of supervision and control in Ukraine is taking place in the direction of consistent approximation of the national legal framework for ensuring safe, healthy and dignified work to international and European standards. This is especially important due to the fact that the development of the labor market will be one of the urgent needs of post-war reconstruction, and the main condition for the return of refugees to Ukraine and the reduction of external labor migration may be the provision of decent working conditions. In the draft of the new Labor Code of Ukraine, one of the main principles of regulating labor relations should be enshrined "ensuring the employee's right to decent working conditions". A promising direction for determining at the legislative level the legal status for labor inspectors and the procedure for conducting inspection visits is the development of the draft Law "On Labor Inspection", which will make it possible to implement the requirements of ILO Conventions No. 81 and No. 129, avoid the regulation of supervision and control measures in the field of labor by various legal regulations acts of equal legal force to implement the principle of legal certainty
完善劳动法执行监督法律规制的趋势与前景
本文的目的是研究劳动法的发展趋势,特别是对劳动法遵守情况的监督和控制,以概述所命名的研究所的法律监管的改进方向。为实现这一目标,我们确定了以下任务:揭示体面劳动概念在国际一级制度化的实质以及将体面劳动权利载入国家劳动法的前景;了解国际和欧洲标准的执行情况,监督和控制劳动法纳入国家立法;阐述戒严条件下监督管理措施实施的特点;提出完善劳动法规执行监督管理法律制度的建议。在研究过程中,既采用了一般的(辩证的)和一般的科学的(分析和综合的)研究方法,也采用了特殊的法律研究方法(解释学的、预测的),这些方法都是基于对政治和法律现象进行综合分析的要求。它们的总数使我们能够确定,乌克兰正在朝着确保安全、健康和有尊严工作的国家法律框架不断接近国际和欧洲标准的方向,改进对监督和控制的法律规定。这一点尤其重要,因为发展劳动力市场将是战后重建的迫切需要之一,而难民返回乌克兰和减少外来劳工移徙的主要条件可能是提供体面的工作条件。在乌克兰新的《劳动法》草案中,应将“确保雇员享有体面工作条件的权利”作为规范劳资关系的主要原则之一。在立法层面确定劳动监察员的法律地位和检查访问程序的一个有希望的方向是制定《劳动监察法》草案,它将使实施国际劳工组织第81号和第129号公约的要求成为可能,避免各种法律法规对劳动领域的监督和控制措施的规定具有同等法律效力,以实现法律确定性原则
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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