Parinova A. Legal regulation of the employment relations of students.

The dissertation deals with the issues of legal regulation of the employment relations of the students. The peculiarities of legal regulation of labor relations of persons are revealed: 1) study in general secondary education institutions; 2) study in vocational (vocational-technical) educational institutions; 3) study in institutions of professional higher education; 4) obtain the initial, first (bachelor's) and second (master's) levels of higher education; 5) obtain the third (educational-scientific) and fourth (scientific) level of higher education; 6) receive postgraduate education. It is concluded that the labor-legal status of educational recipients is the special legal status of persons receiving education, whose powers are mediated by labor law. The competencies that make up the labor-legal status of educational recipients are dual in nature, as they are contained in the legislation of education and labor. It is determined that labor legal personality is a necessary legal category of labor law as an independent industry. It is directly related to the birth of the latter and its subsequent gradual development. Due to lack of labor legal personality, subjects of labor legal relations (employee and employer) cannot enter into employment relations at all, taking into account the differentiation of the legal regime of the labor process. The content of the employment legal personality of the educational recipients is determined by the range of employment relationships in which these persons are able (able) to enter into force under the current labor legislation. It is stated that persons studying in general secondary education are minors and minors. Minors who are pupils (pupils) can exercise their right to work by entering into labor relations, which is partly governed by the norms of the current Labor Code of Ukraine. The juridical capacity and capacity of minors arise at the same time from the beginning of their labor activity, which should be linked to the attainment of fourteen years of age, but it must be possible to have the will of the parties to enter into employment relations. It is proposed to change the approach to the vision of the problems of child labor distribution. The current economic problems, combined with the lack of regulation of the employment of such minors, do a great disservice to the country's development. Child employment causes a crisis in the general education system. Many children are drawn to the worst forms of child labor as they are unable to get a quality education. It is concluded that there is an urgent need to recognize the existence of the problem of child labor in Ukraine and to develop effective legal and social measures to address it at the state level. It is established that the current educational and labor legislation does not regulate and does not provide for the conclusion of a separate contract (including labor) with a student (listener) of a vocational education institution when undergoing industrial practice (industrial training) in an institution, which is a serious obstacle for implementation such students (listeners) of their right to work. At the same time, by their status, vocational education providers can enter into employment relations. It is emphasized that a clear lack of legislation in relations with them can lead to abuse of their rights by employers in practice, in addition, it impedes the development of educational and labor relations of professional (vocational) education. It is pointed out that there is a disparity between the demand for workers in the labor market and the supply from higher education, which is not yet oriented to the labor market and practically does not take into account its needs in forming a contingent of students. The abolition of compulsory distribution of university graduates and the formation of market relations in the field of employment contributed to the spread of employment among students. It is concluded that the transformation of the motivational core of youth labor behavior has led to the fact that young people were oriented in choosing a future profession to high-paying specialties, such as a lawyer, economist, manager. This installation of young people on certain "prestigious" specialties prompted professionals that in the labor market there was an excess of these specialists, in the presence of a shortage of working specialties.