Ianushkevych O. Guarantees for employees during their execution of state and public duties.

The thesis contains proofs that labor legal guarantees in some cases prevent violation of labor rights by the obliged subjects, in others – establish limits of obligated persons’ actions, in the third – provide an opportunity of timely appeal of actions breaching the rights, in the fourth – provide compensation for material damage caused by their infringement at the expense of those who guilty. Any reduction in the level of guarantees prescribed by labor legislation shall not be allowed by either general or special legislation. The general social guarantees of the rights and freedoms of employees performing state or public duties are determined to express an achieved development level in the political, social, economic spheres of society, as well as a position of employees performing state or public duties in public and state life. General social guarantees of the rights and freedoms of those performing state or public duties as a special category of employees are implemented according to a special legal mechanism. The state has to ensure social and economic conditions for employees performing state or public duties to successfully execute their functional responsibilities. Compensation as an average monthly salary for lost salary is guaranteed to employees performing state or public duties during execution of state or public duties. Expenditures on the defense of Ukraine and social protection of servicemen should be paid exclusively from the State Budget of Ukraine, which should be formed basing on fair and impartial distribution of public wealth, at the expense of taxes and fees of individuals and legal entities. An average salary of a part-time employee called up for military service should be kept as well, because workplace, position and average salary are kept for conscripts called up for military service for the entire period, including the travel time, both at the main and part-time work. However, Article 119 of the Labor Code of Ukraine contains a certain contradiction. Upon enlistment in the military service, a civilian acquires a different status – a serviceman. According to this status, a serviceman should not receive a salary, but military pay and allowance. The practice of simultaneous charging to servicemen both of average salary and military pay and allowance is still remained in the normative prescriptions. Therefore, these servicemen receive double pay service – the employer continues to pay the average salary, and the state – to pay military pay and allowance. The Labor Code of Ukraine is offered to supplement with an article regulating the order for dismissal of employees.