Melnychuk N. Contractual Regulation of Relations in the Workplace.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U000347

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

25-03-2013

Specialized Academic Board

Д 26.001.46

Taras Shevchenko National University of Kyiv

Essay

The thesis covers current theoretical and practical problems of labor relations through various types of contracts. The dissertation provides general legal description of the contract in labor law, particularly, we study the contract as a form of regulation of labor relations and as a legal fact in the labor law, ascertain the location of contract in the system of sources of labor law, and examines the contractual nature of the employment relationship as a principle of labor law. Various types of contracts (employment contract, collective bargaining agreement, contract and other agreements that provide employment) are analyzed. Deeply researched the basic principles of the treaty of contractual regulation of the use of hired labor: freedom of contract in the event, modification and termination of employment, equality of the parties in a labor contract law and balancing the interests of employers and employees under contract. Reveals the content of each of the above-mentioned principles upon which states that the purpose and objectives of labor law in the new economic conditions should be modified in accordance with the identified principles. Responsibility as a means of contractual principles of labor relations is studied. It is shown that in market conditions, legal liability in contractual labor relations should play a special role of security, whereby responsibility should be established in compliance with the basic principles of contractual relations, as well as the need to ensure employee compliance with the minimum standards in employment.

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