In the thesis it has proved that the mechanism of realization of protection of human and citizen’s rights and freedoms in labor law should be provided by a system of state authorities and various institutions. Under the mechanism of ensuring the rights in the field of labor relations in the work it has proposed to understand the integral system of legal forms, measures and means, the interaction of which is aimed at the realization of such rights and freedoms, protection against violations of rights and freedoms and to prevent violations of such rights and freedoms or renewal of the impugned or violated rights and freedoms.
It has proved that the protection of workers’ rights has the task not only of imposing a certain sanction on officials and bringing them to justice (on the grounds and conditions stipulated by law), but also the restoration of violated law. That is, the protection of workers’ labor rights is a legal action aimed at the restoration of violated labor law, removal of obstacles in its implementation, compensation or compensation for damage caused by violation of this right, prevention of violations of labor rights (including, by imposing disciplinary, administrative or criminal sanctions).
The thesis argues that labor law, being an effective component of social and legal systems, is an autopoietic system aimed at updating the theoretical approaches to legal regulation of labor, improving labor legislation in modern conditions. Characterization and definition of labor law as an autopoietic system allows more consistent implementation of synergetic and axiological principles in the modern theory of labor law, to discover the latest conceptual approaches and to offer practical dimensions of labor law and legal mechanism for the implementation of labor rights, as well as to demonstrate the role of labor law in the context of legal systems of the present and the scope of the labor law to develop the socio-economic rights and freedoms of the worker.
The interaction of the supervisory bodies with the control over the observance of labor legislation is proposed to define as their joint activity, which is expressed in the implementation by these bodies of joint actions in the field of labor law, which are planned and agreed upon and aimed at achieving the fundamental rights and obligations of these bodies and the state as a whole tasks that are: the real provision of the right to work and the proper, safe and healthy working conditions, the salary not lower than the statutory, to resolve the issues that arise in the field of labor law and can not be solved by the authorities on their own, and ensuring the restoration of violated rights.
The thesis considers it expedient to pass the Law of Ukraine «On the main directions of optimization of the system of subjects of supervision and control over observance of labor legislation», where the subjects, objects, principles, mechanisms of functioning, legal and organizational principles of supervision and control over the observance of labor legislation, the main directions of its implementation, as well as the rights and responsibilities of supervisory and controlling bodies and their officials in this area. The author has proved that the key principles of reforming the legislation on the protection of workers’ rights under the conditions of European integration may be: (a) the optimal balance between the protective and productive functions of labor law, which should ensure the balance of interests of employees and employers; (b) observance of already established social standards in the field of labor; (c) elimination of all manifestations of discrimination against workers on the basis of gender, race, political beliefs and other circumstances as defined in the articles of the Constitution of Ukraine and the Labor Code of Ukraine, ensuring a high level of protection of the work of women and young people and a real ban on child labor and forced (compulsory) labor; (d) ensuring the differentiation of legal regulation of labor, that is, the maximum inclusion in the future Labor Code of the characteristics of labor of small business workers, production cooperatives, certain categories of workers who work in non-typical forms of employment, as well as using civil law contracts.
