Zinchenko J. Law control of labor relations of banks employees.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U000111

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

22-12-2014

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The research have been proved that a bank worker is a person, which is able to do tasks and functions that have been entrusted with the bank and come into labour relations that are based on labour contract. This person should has the necessary qualification, the state of health, the job experience, professional and moral qualities. Having used a functional approach to bank worker, we proved that there shoud be such classification: а) вank clerks are persons, which take part in doing the functions of the bank unconditionally. They are divided into the clerks of Commercial Bank and the clerks of The National Bank of Ukraine; b) вank staff. There are some procedures of labour contract conclusion, which are based on heterogeneity of bank workers. Thus, The Law of Ukraine "On Public service" determines the terms of employing clearks of The National Bank. The norms of law on labour expand on these persons in case of relation, and having not regulated by the Law of Ukraine "On public service". In its turn, labour law determines the conditions of employing clerks of commercial banks staff of either The National Bank or Commercial Bank. It have been reasoned that the Cabinet of Ministers of Ukraine should prepare and The Verkhovna Rada of Ukraine should adopt the legislative act. The norms, which determine the main principles of banking, are also in the legislative act. This document presents a law-status of its subject, regulates the relations between them, and sets the order of creation, activity, reorganization and dissolution of banks. It shoul be a Bank Code of Ukraine. A chapter dedicated to the law status of bank workers should be a part of this codified act. Ideas about the content have been expressed in this thesis.

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