Chernovska S. Legal Regulation of Employment Relations for Research Workers.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U006090

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

05-11-2012

Specialized Academic Board

Д 26.236.04

Essay

The thesis is concerned with the integrated study of theoretical and practical issues of legal regulation of employment relations for research workers. It analyzes various features of legal personality and legal status of research worker, which allows the author to establish a special nature of scientist's legal personality, to improve the concepts of "scientist", "research worker" and provide a definition for "research unit". Peculiarities of hiring research workers on the competitive basis, election, appointment and approval for a job have been studied, with the authority of the subjects of those legal relationships being specified. The analysis of the substance of grounds for changing the terms of work contract of a research worker has been performed and the inapplicability of relocating research workers without their consent has been substantiated. Improvements to the procedure of appealing the decision of a qualifying commission have been proposed. A definition for the job with irregular working hours has been provided; that is proposed to be included to the draft Labour Code of Ukraine. The introduction of the rating assessment of scientists' performance that is based on a branched system of criteria has been grounded. It would ensure individual approaches to remuneration for their work. Granting research institutions the right to apply contract terms of remuneration for work, relying on their own proceeds to the specialized fund of the State Budget, has been proposed. Proposals to the laws on regulating the methods of further training of research personnel have been formulated.

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