scholarly journals Types of Rest According to the Labor Legislation Applied by the Employees of the National Police of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 42-53
Author(s):  
O. V. Veklіyk
Keyword(s):  
Police Officers ◽  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Correct Definition ◽  
Labor Legislation ◽  
State And Society ◽  
Rest Time ◽  
The Right ◽  
National Police

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law. Among the most important features of applying the rest time is the correct definition and use of its legal regulation in respect to the employees of the National Police of Ukraine, which will allow the police officers to fully fulfill the tasks assigned to them by the state and society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The labor legislation of Ukraine does not define the concept of the rest time. It is opposed to the concept of “working time”. All the time beyond of working hours is considered to be the rest time. Having analyzed the current labor legislation of Ukraine, we state that labor law norms in regard to the types of rest are also applied to the police officers, taking into account the specificity of their activity, which is regulated by a special law. While analyzing scientific literature, regulatory base and international legal acts the author has established and revealed the types of rest time of the employees of the National Police of Ukraine. Based on the views of certain authors, the nature and content of the types of rest time of the employees of the National Police of Ukraine have been revealed. The author has determined the use of the types of rest time and its legal regulation concerning the employees of the National Police of Ukraine.

scholarly journals CONCEPT AND SPECIFICS OF REST TIME OF THE NATIONAL POLICE OF UKRAINE

2019 ◽  
pp. 66-73
Author(s):  
O.V. Veklyuk
Keyword(s):  
Rest Period ◽  
Working Hours ◽  
Legal Framework ◽  
Legal Regulation ◽  
Scientific Article ◽  
Correct Definition ◽  
Labor Legislation ◽  
Rest Time ◽  
The Right ◽  
National Police

A scientific article devoted to one of the directions of the modern formation and development of the rule of law is related to the improvement of various branches of law and the relevant legislation in the fields of labor law. One of the most important features in the use of rest time is the correct definition and use of its legal regulation in relation to the National Police of Ukraine. This will allow the National Police to fully fulfill the tasks set by society. The subject of the right to rest is everyone who works, and therefore everyone who has the right to work. The concept of rest time is not defined by the labor legislation of Ukraine. It is opposed to the concept of “working time”. All-time outside working hours is considered to be rest time. Having studied the scientist’s thoughts, we can point out that during the rest period one must understand the statutory, collective, and employment contract the period of time during which the employee is released from the performance of his / her job function and which he/she can use at his / her discretion for the purpose of restoration of working capacity, health promotion, birth and the upbringing of children, the satisfaction of their own needs and interests, as well as the comprehensive development of the individual. During the analysis of scientific literature, legal framework, international legal acts, the concept of rest time of the National Police of Ukraine employees was established and revealed. Based on the views of individual authors, the nature and content of the rest time of the National Police of Ukraine employees are revealed. The use of rest time, its legal regulation against the National Police of Ukraine employees is determined. Keywords: vacation time, employee, National Police of Ukraine, service relations.

Work on the challenge: is the “waiting time” for work – a time for rest?

2020 ◽  
pp. 53-58
Author(s):  
Iaroslava Svichkarova
Keyword(s):  
Waiting Time ◽  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Alcoholic Beverages ◽  
Main Body ◽  
Employment Contract ◽  
Labor Legislation ◽  
Rest Time ◽  
Atypical Employment

Problem setting. Today, one of the forms of atypical employment that has not been studied by the science of labor law remains work “on call”. At the end of 2019, the Verkhovna Rada of Ukraine registered the draft “Labor Law Codex”, which introduced an employment contract for work on call under the name “employment contract with non-fixed working hours”. Working hours when working on-call has certain characteristics, as for rest time, it can be noted that in the case of a contract with non-fixed working hours, after working a set number of hours for each call, the worker is without work, in a state of “waiting” the next call, which is impossible to predict. Therefore, the question arises whether can “waiting time” relate to the rest time? Analysis of resent researches and publications. The legal regulation of atypical employment has been analysed by S. Golovin, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, Protsevskyy O., O.Rymkevych, V.Soifer, O.Yaroshenko. However, there are a number of problems that do not have sufficient coverage, including the question of the ratio of call waiting time to rest time. Article’s main body. In the case of a contract with non-fixed working hours, after working out the set number of hours for each call, the employee is out of work, in a state of “waiting” for the next call, which is impossible to predict in advance. At this time, the employee is really free from performing their work duties, however, in our opinion, this time cannot be fully used by the employee at his discretion, since the latter is in the call standby mode and, if it is received, must start working. During this period, certain restrictions apply to the employee (for example, the inability to travel to another area, the use of alcoholic beverages). Therefore, we believe that the period of “waiting for a call” is not exactly a time of rest in the doctrinal sense. Conclusions and prospects for the development. n our opinion, the ability to use time at your own discretion is a defining sign of attributing the waiting time to rest time or a special type of off-duty time. In this context, the time period (number of days) for which the employee must be notified of his / her return to work is important. We believe that the longer the call notification period, the more opportunities the employee will have to use the waiting time at their own discretion (for example, if it is 7 days before the expected start date, the employee has the opportunity to travel to another area and return in advance, work for another employer, and so on), so the waiting time will be close to the signs of rest time. The study of such a category as “waiting time” for work in a contract for work with non-fixed working hours is important and requires further research in order to improve the current labor legislation.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

2021 ◽  
pp. 170-175
Author(s):  
D.O. Dmitrenko
Keyword(s):  
Trade Unions ◽  
Legal Aspect ◽  
Working Hours ◽  
Legal Regulation ◽  
Working Time ◽  
International Labour Organisation ◽  
Overtime Work ◽  
Rest Periods ◽  
Labor Legislation ◽  
The Right

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).

scholarly journals Recalling a Police Officer from Leave: Problems of Legislation and Practice

2020 ◽  
Vol 89 (2) ◽  
pp. 84-93
Author(s):  
О. V. Chornous
Keyword(s):  
Comparative Analysis ◽  
Police Officer ◽  
Police Officers ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Employment Relations ◽  
State Official ◽  
The Law ◽  
National Police

The peculiarities of the procedure for recalling police officers from annual leave have been studied. The problems of legal regulation of this institution of labor law have been singled out. It has been noted that the annual leave of a police officer is divided into a basic leave, which may not be less than thirty calendar days, and an additional leave, the duration of which may not exceed fifteen days. It has been noted that the legislator did not provide a mechanism for recalling a police officer from annual leave. The author has analyzed specific features of the procedure for recalling some special categories of employees from leave. A comparative analysis of legal regulation of recalling a police officer, a serviceman and a state official from leave has been carried out. Gaps in the problem of legal regulation of the procedure for recalling a police officer from annual leave have been highlighted. It has been found out that the provisions of the Law of Ukraine “On the National Police” on recalling a police officer from annual basic and annual additional leave have gaps in this regard and need further improvement. The study is focused on resolving practical problematic aspects of the protection of constitutional, labor rights of police officers as a party to employment relations and improving special legislation on this issue, which includes the Law of Ukraine “On the National Police”.

scholarly journals PECULIARITIES OF EMPLOYMENT RELATIONS OF PERSONS STUDYING IN GENERAL SECONDARY EDUCATION

2019 ◽  
pp. 92-98
Author(s):  
A. O. Parinova
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Business Community ◽  
Employment Relations ◽  
Public Authorities ◽  
Sovereign State ◽  
Illumination System ◽  
Minimum Age ◽  
The Right

The article is dedicated to the attainment of the specifics of the legal regulation of the work of the business community, as well as to the mortgages of the middle middle class. The author of the law stipulates that Ukrainian legislation establishes special guidelines for such categories of children. A guarantee has been established, incompatible legal requirements are limited by the hour of realizing their right to a legal right. The special characteristics of the working hours of the business community are irreplaceable. The analysis of international legal acts was carried out, in order to regulate the legal activities in the whole sphere, the Ukrainian legislation was also analyzed for the subject of international legal acts. Analyze the nutrition of the winnings of legal capacity and the return of non-recurring services. The author must come before the visit, when the minimum age has come, without voluntarily turning to the right to enter the labor law, do not lead to the instruction of the labor law. The author proponoон thoroughly process the region of prazuyuchyhosb, so that it wasn’t possible for him to become seventeen rocky. I have to admit, let’s take a look at the problems in the whole field (for example, don’t take into account robotic teachers who have been freed from working, I’m more interested in taking more work and more), more in detail. Analyze the reasons for the wisdom of children. It is invoked by the public authorities for the problem of problems of children and children. The gadgets are scattered, and there are serious economic problems associated with the normative regulation of the work of such small business people to repair the unabridged Skoda’s development of the country. The author focuses on respect for the fact that children will take part in the crisis camp of the illumination system. Bagato children are drawn into the most naughty forms of children, so as not to be able to deny the possibility of sanctification. Tobto, the very fact that there are alternatives to the best forms of children’s prazє the reason for the child prazі. The author is robbing a visitor who wants to meet the need for life and to solve problems of child rights in Ukraine and to devise different legal and social visits to the sovereign state.

scholarly journals TYPES OF INCENTIVES FOR THE NATIONAL POLICE OF UKRAINE

2019 ◽  
pp. 112-117
Author(s):  
N.V. Sorochan
Keyword(s):  
Police Officers ◽  
Legal Regulation ◽  
Labor Regulations ◽  
Political Transformations ◽  
Job Functions ◽  
Definition Of ◽  
The Right ◽  
National Police ◽  
Ukrainian Society

Work is everyone’s right. The content of which is the ability of each person to earn a living by work, which he freely selects or freely agrees. Employees of the National Police of Ukraine are a rather “complex” category of workers, due to the specific nature of their activity. It is clear that their job functions are significantly different from the duties of ordinary workers, as are the differences and their rights. In addition, as well as any employee, police officers have the right to be promoted (which also has certain differences). In the modern period of development of Ukrainian society, when extensive socio-economic and political transformations are taking place in the country, the problem of incentives becomes especially relevant. At the same time, the widespread use by the legislator of the dispositive method of legal regulation creates the preconditions for the active and creative use by the subjects of the right given to them the opportunities to achieve the desired legal result on their own, which in modern conditions can and should be ensured by the wider use of such legal means as promotion measures. Encouragement is a positive stimulating influence of subjects (official, body, etc.) on the needs, interests, consciousness, will, behavior of employees, and therefore on the result of their work. The promotion is legal and must be timely, meaningful, and meaningful. It is worth noting that the basis for applying the promotion is their direct prediction and definition in the relevant normative act: Labor Code of Ukraine, rules of internal labor regulations that apply to a particular enterprise, institution, organization, regulations, charters, employment contract. Therefore, the legal basis for the application of incentives is the regulatory definition of such a possibility in a specific legal act. During the analysis of the scientific literature, a study was conducted that focused on identifying and disclosing the types of incentives for employees of the National Police of Ukraine. Analyzes of scientific opinions are conducted, which reveal the main features of legal incentives, analyze the views of scientists on the classification of incentives as a whole, identify the aspects by which the classification of incentives that apply to police, investigate the incentives set by law, for law enforcement. Keywords: promotion, employee, National Police of Ukraine, service relations, police officer, labor relations.

scholarly journals Attempt № 2 on “improvement of labor legislation on the concepts of non-standard forms of employment” (zero-hours contract)

2021 ◽  
pp. 46-54
Author(s):  
Yaroslava Svichkarova
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Legal Regulation ◽  
Main Body ◽  
Protective Function ◽  
Employment Contract ◽  
Legal Structure ◽  
Labor Legislation ◽  
Atypical Employment ◽  
Economic Function

Problem setting. Nowadays one of the little-studied forms of atypical employment in the science of labor law is on-call work. At the end of 2020, the Ministry of Economic Development, Trade and Agriculture of Ukraine prepared a draft Law of Ukraine “On Amendments to the Labor Code of Ukraine to regulate some non-standard forms of employment”, which proposed the construction of a zero-hours contract. This was the second “attempt” to introduce the construction of such an employment contract. If we analyze the definition and content of the zero-hours contract contained in the project, we can see that it does not apply to the contract with zero working hours, nor to the contract “minimum-maximum”. This raises a number of questions about its legal regulation and its applicability in practice. Analysis of resent researches and publications. The legal regulation of atypical employment has been analysed by S. Golovin, I. Kiselev, A. Lushnikov, M. Lushnikova, D. Morozov, O. Motsna, N. Nikitina, O. Protsevskyy, O. Rymkevych, V. Soifer, O. Yaroshenko. At the same time, the scientific literature has not yet developed uniform approaches to defining on-call work, the agreements that apply to it, and possible ways of its legal regulation. Аrticle’s main body. “On-call work” is a generalizing concept in relation to both “zero hours” and “minimummaximum” contracts. Based on the etymological meaning of the word “challenge” – a request or demand to appear somewhere, “work on call implies that the employee performs labor functions only when he is invited (called) by the employer. What the minimum-maximum and zero-hour contracts have in common is that the employer has no obligation to hire the employee. The zero-hours contract, which was presented in the draft, does not fully apply to contracts with zero working hours, nor to contracts “minimum-maximum”, and in our opinion, its legal structure needs careful refinement. Conclusions and prospects for the development. In modern conditions, a contract on call can be attractive only to people who are unstable to work (for example, students, retirees, housewives) or those who are looking for an additional source of income. Therefore, we believe that the developers of regulations that will regulate the relations arising from non-standard forms of employment, it would be more appropriate to pay attention to the contract “minimum-maximum”, which is a more optimal form for regulating work on call. The introduction of a domestic employment contract on call will contribute to the legalization of this type of labor relations, while, in our opinion, the protective function of labor law should remain a priority in relation to the economic function.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

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