Herman K. Freedom of employment contract as a principle of labor law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005058

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

07-12-2018

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the study of theoretical issues of the freedom of the labor contract as a principle of labor law, its relation with such a legal category as the right to work, the place in the system of principles of labor law, the limits of implementation. In this paper the main conceptual apparatus of the freedom of labor agreement as the principle of labor law is described and appropriate definitions are proposed. Particular attention is paid to the normative legal protection of the principle of freedom of labor contract in foreign countries with the aim of obtaining the experience and principles of legal regulation of the procedure and conditions for its implementation in international and European acts. It is proved that the principle of freedom of labor is directly or indirectly manifested in all norms of labor law. In other words, the principle of freedom of labor is inextricably linked with the principle of freedom of contract. Since labor law was separated from the time of civil law, freedom of contract, first of all, is the principle of civil law, although the very idea of freedom is the basis for all law and legal doctrines. It is concluded that labor freedom, being a socio-economic and legal category, within the framework of the conclusion, amendment and termination of an employment contract is transformed into the freedom of employment contract. The interdisciplinary principle of labor freedom is based on the general legal principle of humanism and the natural right of a person to free development.

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