The dissertation is devoted to the research of theoretical questions of the principle of the prohibition of forced labor, its relation with related concepts, place in the system of principles of labor law, the limits of realization. The paper describes the basic conceptual apparatus of the prohibition of forced labor as a principle of labor law and proposes corresponding definitions. Particular attention is paid to the regulatory and legal support of the principle of prohibition of forced labor in foreign countries.
It has been established that the principle of the prohibition of forced labor is to some extent a manifestation of the principle of freedom of labor. Freedom of labor, allowing the subject of labor relations to actively exercise themselves in the sphere of work, as, however, and to take a passive position – not to use their abilities for work, thus is a guarantor of the principle of prohibition of forced labor. Only free labor can be subject to legal regulation, whereas forced labor is always linked to the violence and lack of will of the person to perform it. Freedom of labor is incompatible with forced labor. Thus, the study and correlation of the principles of freedom of labor and the prohibition of forced labor lead to the conclusion that these principles are closely interrelated.
It is emphasized that freedom of labor is an element of natural human rights, and forced labor is an unnatural human condition. It is noted that only an employee can be the subject of forced labor, since he is the least protected party in employment. Forced labor implies a restriction on the rights of the individual and is absolutely inadmissible in a civilized society and state claiming to be considered legal.
It is noted that the features of the principles of labor law should include systematic and consistent, universal obligation, universality, stability, general significance, regulatory, legal certainty. Thus, the principles of labor law are such basic ideas of law, which determine the content and orientation of its rules and are characterized by consistency, consistency, universality, stability, universality, regulatory, legal certainty.
Studies of the principles of legal regulation on forced labor show that they cannot be applied as contradicting the Constitution of the Labor Code of Ukraine, departmental regulations or statutes of discipline, etc., which provide for the possibility of temporary transfer of an employee without his consent to another job.
The paper analyzes the normative acts on the regulation of the right to work in foreign countries. It is concluded that to date, the right to work in different legal forms is enshrined in a number of developing and economically developed countries, since provisions that represent the interests of a large part of society are contained not only in international legal acts. but also in the norms adopted at the level of national legislation of individual states – in most constitutions and laws. In fact, the constitution of almost every modern state includes provisions that affect the right to work. But, despite the widespread adoption of this right, in most states the concept of "right to work" is absent. Most often, this right is declarative.
It is noted that the presence of legal responsibility not only of the enterprise, but also of specific officials, for not concluding or not properly executing the concluded employment contract, or not legitimizing it in the manner stipulated by the current legislation, becomes a real guarantee against the violation of the employee's rights when concluding the employment contract, which, in turn, is a guarantee of the inadmissibility of the use of forced labor in the conditions of the present, the absence of this negative process in real social and legal labor from troughs in Ukraine.
Based on the analysis of international practice, foreign legislation and scientific literature it is established that the development of state regulation of social and labor relations in the conditions of integration of Ukraine into the world economy cannot be carried out without taking into account international labor standards, which include an orderly system of international norms and principles developed on the basis of mutual agreements between States on issues related to the recognition and consolidation of fundamental human rights in the workplace, the regulation of wage labor and its individual minds, protection of the individual and collective interests of workers, defining the bases of the legal status of migrant workers, regulating the work of certain categories of workers, shaping social policy and determining its priorities.
