Denysiuk M. Legal regulation of the powers of the labor collective as a subject of labor law.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102090

Applicant for

Specialization

  • 081 - Право. Право

02-07-2021

Specialized Academic Board

ДФ 26.001.166

Taras Shevchenko National University of Kyiv

Essay

In the scientific literature, the nature of collective agreements is seen in the following meanings: first, collective agreements are seen as a tool for reconciling the interests of employers and employees; secondly, collective agreements are understood as a result of the obligations assumed by the parties to the employment relationship, in the form of provisions related to remuneration, the establishment of additional guarantees, compensations or benefits for employees, work schedule, etc.; thirdly, collective agreements are considered in the context of the settlement of labor, socio-economic and professional relations between the employer and employees with the participation of the labor collective. The essence of incentives for employees in the context of the powers of the workforce is as follows: first, the purpose of the incentives is to motivate the employee to work effectively; secondly, the incentive is carried out taking into account a large number of factors, including those that relate directly to the environment in which the employee works, working conditions and relations within the workforce; third, stimulation can be material or spiritual. As for material incentives, it is obvious that they consist of money that is paid to employees in various forms (such as surcharges or bonuses) in order to motivate the employee to work effectively. Spiritual stimulation is much more complex, so this issue, in our opinion, needs to be considered in more detail. Signs of the workforce in a market economy are as follows: 1) voluntariness - no one can be forced to join the workforce; 2) reality - the labor collective can be considered only such association of people which actually carries out labor functions and is in labor legal relations with the employer; 3) collectivist self-determination - involves a person’s understanding of their functions, as well as the functions of other members of the team; understanding the rules of conduct in the team and responsibility for their violation; understanding the purpose of the team and the tasks set before it; 4) organizational unity - in the workforce there is a clear division of functions and powers between the participants; 5) common interests, values, attitudes and norms of behavior - there are various rules of conduct, including rules of labor protection, etiquette, rules of morality, which are the same for the whole team, regardless of position or scope of work functions. rules for achieving a common goal; 6) common purpose of the activity with the simultaneous individuality of functions and powers - each member of the workforce in its activities pursues two goals. The first goal is to achieve the goal of the entire enterprise - that is, to make a profit. Every employee should be interested in this goal and to perform the functions assigned to him. The second goal is individual for each employee - for some it is a profit, for others - self-realization, or profit and self-realization at the same time. The labor collective should be perceived as a legitimate subject of labor law, the legal status of which should be expanded and developed in the direction of increasing guarantees of its representative and protective activities and its effectiveness by establishing real levers in the legislation to influence the existing unsatisfactory state of rights and interests. final eradication of violations by the employer of individual and collective rights of employees in the field of labor. At the same time, there are preconditions to assert that the activity of the labor collective in ensuring the implementation of individual and collective socio-economic rights in the field of labor is gaining momentum, as the transfer of the economy to market conditions, a clear outline of promising integration towards EU accession. , made it possible to begin expanding the scope of local regulation while strengthening the democratization of society.

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