Dudin V. Differentiation of legal regulation of labor relations in Ukraine and EU countries

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

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  • 12.00.05 - Трудове право; право соціального забезпечення


Specialized Academic Board

К 11.737.02

Donetsk Law Institute


The dissertation is devoted to the research of approaches to differentiation of legal regulation of labor relations in Ukraine and the countries of the European Union. Differentiation consists in the establishment of unequal rights of different categories of workers in order to equalize the opportunities. This phenomenon is inherent in Ukrainian and European labor law, but there are different criteria and objectives of differentiation, as well as the content of legal modes. The general trend is to consolidate in the labor legislation provisions that are intended to protect vulnerable groups of workers (young people, mothers, persons with disabilities), as well as introduce flexibility, which allows to modify the general rules to certain production needs. The term «differentiation» has not taken root in European science, although the distinction between general provisions and special provisions in labor laws really exists. It was found that the labor law of Ukraine provides broad benefits on the basis of subjective (employee-related) criteria of differentiation, especially for minors, pregnant women and mothers. But the lack of proper safeguards and the use of non-standard employment contracts negate protection. Differentiation by subjective criteria in the EU is limited (granting privileges on the basis of sex, age, physiological condition is exceptional and prohibitions on the use of work are not absolute). Legal provisions make it hard to circumvent prohibition on working time for minors by using additional labour contract; fixed-term employees and temporary are protected from abuse. At the same time, differentiation on the basis of objective criteria is more strong: the type of contract and the characteristics of the employer make it possible to aggravate the situation of employees


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