Devizorov D. Legal regulation of the conclusion of the employment contract with the specific categories of employees.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U001383

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

28-01-2013

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

In this research paper legal regulation of the conclusion of the employment contract exercised on the principle of the labor freedom meaning that it is only person himself has the exclusive right to dispose of his abilities for creative and productive work has been proved. Differentiation of legal regulation of the conclusion of the employment contract is due legally significant persistent factors of the differences in the content and methods of legal regulation in these emerging types of relations with participation of certain categories of persons. The main aim of it is to provide the legislatively recognized categories of workers of the equal opportunities, conditions for exercising their right to freedom of working along with other workers. Grounds of the differentiation of legal regulation of the conclusion of the employment contract are as follows: a) state of social insecurity of person; b) citizenship; c) type of an employer; d) type of the professional activity. The position that the profession activity should be considered as some kind of labor activity emerging as the result of the professional differentiation of the human labor has been defended. It content lies in that its employees unite in the certain professional groups based on the performance of the same or similar kinds of activities. The main characteristics of the professional activity are: a) specialization and isolation from other activities within the division of labor in the framework of the division of labor; b) relatively long application method of accomplishing of the established tasks; c) source of income, which provides payroll.

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