Rym O. The Labour Law of the European Union and Its Impact on the Ukrainian Labour Law Development

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101362

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

07-05-2021

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The thesis is dedicated to the study of the theory of the European Union's labour law and the ways it influences the labour law of Ukraine. Based on the study of conceptual approaches to the labour law theory, the EU labour law's notion has been substantiated, its structure, fundamental principles, and sources have been ascertained. It is substantiated that the modern stage of the EU law development proves that labour law is one of the several sectoral formations that jointly make the system of law of the European Union. A conclusion has been made that the EU labour law, the same as the labour law of any other countries, develops under the effect of external and internal factors, where international labour law plays the role of external ones, while active social policy and law-making activities of the community, labour law of the Member States, based on the rule-of-law principle, as well as acts passed by social partners and the practice of the Court of Justice of the European Union, constitute internal factors. The paper analyses general theoretical issues related to the legal provision of labour legal relations. Own scientific conclusions about the notion of labour mobility, subjects of the right to free movement for employment purposes, employment in the EU under the labour contract, worker personal data protection, supranational regulation of working hours and rest time, labour remuneration, and occupational safety rules have been developed. The most important provisions of the theory of EU labour law have been researched, which can help solve problems of improving domestic labour legislation by adapting it to the European legal system. Proposals on the improvement of the process of approximation of the domestic labour legislation to the EU labour standards have been given.

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