The dissertation is the first in the domestic science of labor law complex theoretical and legal work, which conducted a systematic study of the formation and approval of legal guarantees of workers 'rights in the field of remuneration in order to develop a fundamentally different view of legal guarantees of workers' rights, in particular, the right to fair remuneration. The dissertation consists of four sections and thirteen subsections.
In the first section, the properties of law in terms of the specifics of their manifestation in labor relations, allowed to formulate its concept in relation to the field of labor law. It is established that the law is a system of rules of conduct established (sanctioned) by the state and / or local acts, which regulate labor relations, and which are obligatory for the subjects of these relations, designed to ensure their interests and protected by partner forces. entities, and public authorities. The issues of the history of legal guarantees in general are covered. The positions of scientists on approaches to defining the concept are analyzed. Cases of using the term "guarantee" in the legislation of Ukraine are considered. Classifications of legal guarantees of realization of labor rights are covered. A special place is given to the study of the purpose and functions of legal guarantees in labor law. The author singles out four main functions that perform legal guarantees in labor law. The first function is security, the second is instrumental, the third is to create a balance between the interests of labor relations and the fourth is to provide stability to labor relations.
The second section describes the stages of formation of the institution of remuneration in independent Ukraine. The lack of a structured and systematic approach to determining guarantees for the realization of workers' rights to remuneration is substantiated. The connection between fair wages and a decent standard of living is illustrated. The problems of realization of workers' rights to fair wages are analyzed in detail, and the essence of the category "fair wages" is given. The author made an attempt to identify the parameters by which he characterizes wages as fair. Factors influencing the determination of the level of wages are considered. The system of legal guarantees of realization of the right to fair payment is given. It substantiates why special attention should be paid during the development of the institution of remuneration to guarantees of workers' rights to fair remuneration. A description is given to the state as a guaranteeing subject of fair wages, which states that the state performs special functions and responsibilities for the approval of guarantees for the realization of workers' rights to fair wages. The negative assessment given to the Law of Ukraine "On Social Dialogue in Ukraine" is noted and argues why it is necessary to speak and develop the "social partnership" and not operate with the category of "social dialogue.
The third section covers international experience on the research topic. The experience of establishing legal guarantees for the realization of the right of employees to fair remuneration in foreign countries is analyzed. Attention is paid to the experience of France, Germany, Great Britain, the USA, Italy and others. This section contains an important remark that the current level of real wages does not correspond to the concept of decent wages and does not provide the availability of goods necessary to ensure the expanded reproduction of man.
The fourth section is important given the possible practical implementation. Two generally accepted standards of remuneration are considered. This is equal pay for equal work and the minimum wage, the world experience in approving these standards is considered.
The strategy of improvement of the legislation on establishment of legal guarantees of realization of the right to fair payment is developed, features of formation of principles of such guarantees are opened, and also tendencies of their further development are revealed. The mission of this strategy should be to unify the pay system, which aims to standardize norms, standards, rules, methods and other measurable factors that affect the quantity and quality of the end result to ensure fair pay and reduce income inequality. Unification of the remuneration system will make it possible to model different options, which are specified in sectoral tariff agreements, collective agreements and other regulations governing labor relations.
