Burak V. Legal mechanism for the protection of labour rights and legitimate interests of employees

The dissertation is devoted to the study the theory of labour rights legal protection mechanism and the legitimate interests of employees. Based on the revision of some conceptual approaches of the theory of labour law, the concept of a legal mechanism for the protection of labour rights and the legitimate interests of employees has been substantiated, and its structure has been determined. It is argued that the current state of development of relations of protection of labour rights and legitimate interests of employees is characterized by the introduction of levers of social dialogue in the sphere of these relations, and this has a positive effect on the development of new forms of legal protection. The social-partnership nature of labour relations determines the emergence of new non-jurisdictional forms of protection that can be applied in a contractual manner. It is concluded that the mechanism is based on the employee's right to protection, which is realized in the protective legal relationship arising from the commission of an offense by an obligated person. The limits of protection of labour rights are considered, as well as the problem of prohibition of abuse of rights by subjects of labour legal relations. Some elements and legal forms of the legal mechanism of protection of labour rights and legitimate interests of employees are considered and author’s scientific conclusions about the system of legal methods and legal forms of protection are formulated. The most important provisions of the theory of legal protection the study of which can help solve the problems with improvement of the domestic labour legislation in order to increase the effectiveness of the protection mechanism are investigated. The proposals about improvement of individual elements of legal protection mechanism have been formulated.