Moskalik N. Legal regulation of fixed-term labour relations in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U000642

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

05-03-2010

Specialized Academic Board

Д 26.236.04

Essay

The dissertation deals with problems of legal regulation of fixed-term labour relations in Ukraine. In the dissertation were researched the peculiarities of legal regulation of fixed-term labour relations during the soviet period, and over the years of independence of Ukraine. The analysis of legal regulation of fixed-term labour relations in foreign legislation was carried out. Legal analysis of the most topical theoretical and practical issues related to their regulation was carried out: the concept and characteristics of fixed-term labour relations were defined, implemented its classification. A great deal of attention was paid to the issues of improvement of the draft Labour code provisions concerning regulation of fixed-term labour relations. In particular, in order to adapt the legislation of Ukraine to the european legislation it was put forward a proposal to prescribe in the draft code a provision regarding prohibition of any kind of discrimination notwithstanding of a term of labour contract; to establish in labour legislation of Ukraine an obligation of an employer to inform fixed-term workers about vacancies which become available in the undertaking or establishment to ensure that they have the same opportunity to secure permanent positions as other workers. As well it was made the proposal to prescribe types of fixed-term labour contracts, terms of its concluding and to give an opportunity to the subjects of fixed-term labour relations to provide for material liability for its breach.

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