Yakovlyev O. Legal principles of establishing working conditions under the labor legislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001935

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

24-12-2019

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to defining the legal bases of establishing the working conditions according to the labor legislation of Ukraine taking into account the modern European aspirations of our state, as well as the tendencies existing today in the world to introduce a human – centric paradigm in every sphere of social life. The research was designed and conducted in such a way that it was possible to formulate a complete systemic vision of the process of establishing the working conditions in Ukraine in the legal aspect. The connection between the social policy of the state and the establishment of working conditions as an integral part of this policy is revealed, thus the study is led to the logical conclusion that the establishment of working conditions is the duty of the state in a certain perspective. However, defining working conditions as the object of the process, the emphasis is on the fact that this obligation should be shared with the state by employers and employees, but their interests are usually different, and therefore a legal mechanism is needed to balance these interests in part. establishment of working conditions. As a consequence, the study consistently and logically reaches the questions of centralized and local regulation of working conditions, changes in working conditions as a systematic expression of the whole process of establishing working conditions. Finally, the study comes down to the need to analyze the "private" case of establishment of working conditions – the procedure of certification of the workplace under working conditions, which is the most expressive indicator of the completion of the scheme under construction, as it aims to check compliance with and ensure healthy and safe working conditions guaranteed by the Constitution of Ukraine. . In this way – using the method from the general to the private – all stages of the process of establishing working conditions in a legal context are gradually revealed, ie the system of legal foundations of the specified process in Ukraine is formed, problems are identified and proposals for their solution are formulated.

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