Bykov A. Legal regulation of testing at the admission to employment in present conditions.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000246

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

27-12-2013

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

In this scientific research work has been proved that testing at the admission to employment is established by agreement of the employment contract parties and for the special categories of employees it is provided by the laws organizational - legal form of the recruitment which is determined during the conclusion of the employment contract and carried out within statutory prediction term and the purpose of it is to check of conformity of the employee business quality as to the assigned work within specified work function. The principles of the testing at the admission to employment are as follows: legality, publicity, dynamism (timeframes), combination of the employer and employers interests, certainty of requirements that apply to an employee during testing, objectivity, comprehension protection of the employee rights and legitimate interests, the presumption of the employee's conformity to the position held. It has been given a ground that during testing the employer is authorized to inspect only professional qualities; moral qualities should not be relied upon as a basis of the check of his compliance with the assigned work. The results of the last estimation can influence on the final employee evaluation and have legal consequences for the certain categories of the employees; moreover, the determining factor for them is the character of the work carried out by them (civil servants, officials of local government, judges, prosecutorial-investigating employees, custom officials, diplomatic workers etc.). In the dissertation the main directions of the improvement of the testing legal regulation at employment have been determined.

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