Lagutina I. Legal mechanism for ensuring personal non-property labour rights.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000280

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

04-04-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is devoted to the study of theoretical and practical problems of personal non-property labour rights. The formation and development of legislation of Ukraine in the field of personal non-property labour rights, its compliance with international and European labour standards are analysed. The scientific approaches to the definition and the legal nature of personal non-property rights are analysed, the concept of personal non-property labour rights is formulated, their content is clarified. The concept of legal mechanism for ensuring personal non-property labour rights and its components are defined. The problem of personal non-property labour rights of employees with non-standard forms of employment are investigated. The structure of personal non-property labour rights: the right to safe and healthy working conditions, the right to labour honour and dignity, the right to vocational training, the right to equality and non-discrimination, the right to protection of personal data are characterized. The jurisdictional and non-jurisdictional forms of protection of personal non-property labour rights of employees are examined. The compensation of moral damage as one of the main method of protection of personal non-property labour rights of employees is considered. Existing labour legislation in the area of personal non-property labour rights, proposals and recommendations on the improvement the draft of Labour Code of Ukraine taking into account the international labour standards and positive practice legislative experience of foreign countries are analysed.

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