Sevastianenko K. Unity and differentiation of legal regulation of wages.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002106

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

08-04-2019

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

In the thesis it has been proved that unity and differentiation occupy a special place in the mechanism of legal regulation of wages, thus providing the optimal combination of general and special in this process. The combination of unity and differentiation of legal regulation of wages is one of the specific features of the labor law method. It is argued that in the conditions of different forms and types of property and market economy, the development and establishment of tariff rates and salaries, the development of tariff networks and schemes of salaries should be attributed to the differentiation of legal regulation. The establishing of the conditions of wages payment – to the sphere of legal regulation unity. The conditions for the introduction of extra charge that have cross-sectoral character should be attributed to the field of legal regulation unity. However, the conditions of establishment and the size of extra charge that are specific to a particular industry should be regulated by sectoral agreements. That means it is, the field of differentiation of legal regulation at the sectoral level. Uniform legal regulation should include the establishment of guarantee and compensation payments. Proposed manifestation of the unity of legal regulation of wages to consider: (a) the establishment of minimum state wages guarantees; (b) the establishment of basic wage systems; (c) limiting wage deductions; (d) a prohibition on the reduction of wages depending on the subject and social characteristics; (e) protection guarantees of workers’ rights to be paid. The factors that determine the differentiation of wages have divided into two levels: macro level and micro level. The factors at the macro level include the state of the economy of the country at large, regional features, that is, the predominance of certain activity areas in a particular region, which directly affects the level of wages, as well as social transfers, which can be carried out both by regions and by industries. The factors at the micro level include the economy, in particular the power of a certain sphere of production, as well as the stability and strategic nature of the industry. Moreover, the place of work of an individual, in particular the financial position of a particular company in the labor market and in the product market, as well as technical equipment, location, etc., will be important on this level. Equally important is the factor of the person’s education, as a greater contribution to education should, as a result, make it possible to receive high salary for their work. The position that the reasons for the differentiation of salary include: (a) objective, (b) sectoral and (c) managerial is maintained. Differentiation, based on such factors as working conditions and complexity, is objective. The working conditions that are the basis for the establishment of a differentiated salary include: (a) heavy work; (b) harmful and hazardous working conditions; (c) work with special natural geographic and geological conditions and conditions of an increased risk to health. In addition, the objective differentiation of wages is determined by the peculiarities of production, in particular the work involving much travel, field conditions, the shift method of labor organization, etc. It is argued that the change in the economic situation in our country determines the differentiation of wages by the economy sectors, because at the sectoral level, by means of social dialogue, it is possible to introduce the best wage conditions for employees of a certain sectors of economy taking into account the economic factors of the development of a particular industry and its importance, strategic importance for the successful development of the country's economy at large. The need for a distinction between a so-called managerial differentiation of wages is explained by significant differences in the regulation of salary of managers of enterprises, institutions and organizations in comparison with other groups of employees. Such differentiation is carried out at the state level through the acceptance of special standards. Differentiation of the salary of executives is carried out depending on the sphere of the economy and the form of ownership of the organization headed by them.

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