Mykolaichuk A. Legal status of workers that combine work with studies.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100068

Applicant for

Specialization

  • 081 - Право. Право

23-06-2020

Specialized Academic Board

ДФ 64.086.002

Yaroslav Mudryi National law university

Essay

Position is defended in dissertation, that a labour right plays a ponderable role combination of right to education with a right to work, as (1) sets legal guarantees for realization of right for a citizen on education in particular professional; (2) stimulates the professional studies of workers; (3) sets qualifying requirements to the workers for the corresponding types of works, determining maintenance of professional studies the same; (4) creates favourable terms for combination of labour and studies; (5) sets privileges and advantages for persons, that pass professional studies, in particular and without tearing away from a production; (6) sets the types of studies and their organizational forms; (7) sets the legal forms of professional studies. An author came to the conclusion, that legal status of worker and legal status of student are correlated from each other as part and unit. Legal status of student is description that is determined by the norms of labour legislation, that exposes the state of student as a labour legal subject and allows to him to participate in legal relationships in the sphere of studies (перенавчання). Thus legal status of worker includes status of student. In dissertation reasonably, that to the guarantee and indemnification to the workers that combine work with studies is totality of terms, methods and facilities that give possibility to use to the workers them by the legislatively set rights and freedoms and provide existence of favourable terms for actual realization of the envisaged legal status of workers; it is a money compensation or certain privileges, the grant of that is predefined by the practical operating under the increase of educational level or qualification of workers in limits certain speciality or position, that are the form of fixing and providing of the equitable labour rights of workers, envisaged by a legislation. Guarantees and indemnifications for workers, that combine work with studies, it maybe to group thus, for example, guarantees and indemnifications, related to (а) realization of right to work in terms that answer the requirements of safety and hygiene, (б) by material support, (в) providing of employment, (г) observance of legislation by parties of legal relationships. They will allow, firstly, to provide a renewal of education option during all life of worker without the necessity of stopping of labour activity, secondly, to save the size of got the worker of middle salary, thirdly, to attain the observance of legislation parties of legal relationships. It is well-proven that workers that combine labour with studies participate in double legal relationships, from one side, in labour with the proprietor of enterprise, from other, in адміністративно-правових with establishment of education. The labour relations of this category of workers have all those signs inherent to any labour legal relationships. However together with general signs, these legal relationships have certain features, that show up in the special rights and duties of subjects of the labour legal relationships related to combination of studies with labour. To the workers that combine work with studies the next types of privileges are given : (а) in relation to the grant of vacations : (б) in relation to business hours and to rest during a working day. week; (в) in relation to payment of fare for handing over of examination session; (г) in relation to office and domestic consumer services hours. As see, workers that combine work with studies use additional privileges in the field of the remuneration of labour by comparison to, hook to talk, by "ordinary" workers. It is constrained, foremost, by the greater work-load of such persons and with the future increase of their qualification. The all-round objective analysis of documents of international level allowed to set development of world tendency of continuous trade education. In these documents it is marked on importance of continuous professional development of specialists, that must come true complex within the framework of education during life, in accordance with certain goals and scales, and to embrace all spectrum - from initial literacy to professional preparation and continuous professional studies and post-professional accompaniment. Set, that an international association lays a duty all-round to develop and coordinate politics and programs of professional orientation and preparation of working on the states, that take into account: a) necessities, possibilities and problems of employment both on regional and on national levels; б) stage and level of economic, social and cultural development; в) intercommunication is between development of human capitals. In a counterbalance the developed countries of the world inlay considerable money Ukraine in trade education and in-plant training of shots. These charges grow constantly.

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