The dissertation research is the first comprehensive study of theoretical and practical problems of implementation of social assignment of labor law in domestic science. In labour law in the doctrinal level it is justified the social nature and value of labor law through recognition of priority of nature labour and fundamental social rights of employees that are provided by industry tools, forms, methods and ways of realization; as a result of which the social assignment of labor law is represented in labor and close related to them relations.
First, in the research on the basis of analysis of the modern doctrine of labor law, international and European standards in the field of labor, legislation of Ukraine and foreign countries and its legal opportunities it is concluded that under the social assignment of labor law it is necessary to understand the value orientation of its norms for consolidation, guaranteeing, realization, protection of the priority of natural labor and fundamental social rights of workers in relation to the rights of other subjects of labor law. The study identifies the legal opportunities in labor law through logical and graphical modeling on the economic basis of non-linear combination of legal means of primary importance (permission, prohibition, commitment) of the combined goals of state policy. As a result there are proposed to understand the legal regimes in the field of labor as combined legal means representing “sections of legal reality” that are disclosed through the legal content and dominant methods of legal regulation, where the subjective rights and legal obligations of participants in the field of labor are realized.
It is proved in the research that in the conditions of legal equality of the participants in labor relations, the disciplinary power of the employer needs restrictions with the simultaneous extension of powers of colleagues associations by professions (trade unions) to carry out the qualification of the employee's behavior as a violation of labor duties. It is argued that it is legally necessary to consolidate the proportion of even distribution of net profit between the employees, the employer and state (1/3 – 1/3 – 1/3). Based on the fact that the employer's economic interests run out where the violation of labor rights and employee freedoms begins, and the participation of workers in goods creation, works and services, gives them the right to distribute profits as an equal partner. On the basis of European standards it is improved in domestic science of labor law the understanding of justice as a criterion of working conditions. In the research it is substantiated that the legal protection of labor rights and legal interests of employees is a continuous activity of authorized entities to create legal conditions for the consolidation, guarantee, implementation, safety and protection of labor rights and legal interests of employees.
The work function in the work is characterized as a circle of labor rights and duties of employee, which are established on the basis of the kind of labor activity, profession, specialty, etc. In the research it is characterized the social partnership as a contact form of implementation of the social assignment of labor law aimed at ensuring peace and harmony between the social partners through contractual securing a balance of interests in collective agreements. Also in the research advocated the opinion of the need to increase the material responsibility of employer in legislation for violation of labor rights of worker and the failure or improper performance of his job duties. Optimization of realization ways of social assignment of labor law is revealed through the harmonization of labor legislation of Ukraine with the EU which should promote the concept of decent work and approach of working conditions in Ukraine to the standards and framework conditions the EU will improve the quality of working life of employees and implement decentralization of legal regulation of working conditions with the simultaneous state supervision and control over compliance with labor legislation by employers.
