Tymofiiv R. Employer as a subject of social protection of employees

The paper is devoted to the complex investigation of the employer’s legal status as a subject of social protection of employees. The notion and value of social protection of employees by the employer are formulated; legal features of the employer’s status as a subject of social protection of employees are determined; the obligations of the employer in the procedure of registration of labor relations, as to ensuring proper, safe and healthy working conditions and proper remuneration of employees are analyzed; employer’s legislative obligations with regard to social provision of employees and non-insurance measures of employees’ social protection are characterized. The notion of social protection of employees by the employer has been grounded. It is the system of measures aimed at compliance with and realization of employees’ social rights, compensation and prevention of consequences of social risks that are taken by the employer in case, foreseen by law, and voluntarily with the purpose to perform state social policy concerning employment, providing the existence and development of able-bodied citizens, holding and recovery of highly qualified specialists, increasing their motivation to work. It has been proven that the employer obtains the status of the subject of employees’ social protection before concluding labor contract with an employee. Scientific and practical proposals about non-juridical methods of providing the performance of social protective obligations by the employer have been improved. The basic differences between labor contract and civil-legal contract on performing works or providing services have been analyzed. The necessity to legislate the right of an employee to: recognize civil-legal contract on performance works to be invalid; establish the fact of labor relationship from the moment of concluding of such contract; restore social and labor guarantees for an appropriate period has been grounded. Problems of employment of preferential categories of citizens have been generalized. The necessity of flexible mechanism of setting quotas of working places for their employment has been proven. Types and content of preventive, material and technical and monitoring employer’s obligations concerning the provision of proper, safe and healthy labor conditions have been justified. Problems of the employer’s participation in organizing the investigation of industrial accident or occupational disease and employee workplace certification has been analyzed. Suggestions for improvement of relevant legislation have been formulated. For the first time, professional training has been differentiated as the right and the obligation of the employer. Criterions for differentiating the professional training have been grounded. Minimum salary has been justified to be the sole social standard in the sphere of remuneration; indexation and compensation as elements of social protection of employers have been analyzed. The main problems of fulfillment by employers of obligations in the sphere of determination of preferential work experience, carrying out of workplace certification and financing of preferential pensions that influence on the efficiency of realization of the right to retirement pension according to the age of their employees have been identified. Peculiarities of the employer’s participation in non-governmental social insurance of employees have been analyzed and its advantages have been outlined. It has been proven that most often it provides their non-governmental pension provision through non-governmental pension funds, life insurance and voluntary medial insurance. The necessity to differentiate the sphere of collective- and individual-contractual regulation of relations that appear in connection with non-governmental social insurance of employees with the participation of the employer has been justified. The voluntary medical insurance has been justified as an effective mean of short term motivation of employees.