Tikhonovich O. Mechanism of local wage regulation in Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102560

Applicant for

Specialization

  • 081 - Право. Право

29-09-2021

Specialized Academic Board

ДФ 26.001.169

Taras Shevchenko National University of Kyiv

Essay

The theoretical basis of local wage regulation is investigated. The concept and features of the local method of legal regulation of wages are established. It is determined that all legislative acts adopted by both public authorities and public administration bodies are the result of the state-regulatory method of regulation. The local method of wage regulation is manifested mainly in the form of a collective agreement, which contains the basic provisions on labor and wages, which in turn already depends on working hours, rest time, labor protection, and is used by the owner or authorized body, the trade union committee. or another body authorized by the labor collective within the limits of the rights granted to it. In addition, the local method of legal regulation also includes forms of local acts on remuneration - the rules of internal labor regulations at the enterprise, the provisions on bonuses and more. The genesis of the formation of local wage regulation is studied. It is established that the initial stage of formation of local regulation of labor relations in Tsarist Russia falls on the first half of the XIX century, ie actually coincides with the emergence of domestic labor law. The second stage of local rule-making is largely related to the economic policy of the Soviet state. The basis of local regulation was the Labor Code of 1918 and the Labor Code of 1922. The third stage of development of local rule-making is associated with the economic reform of 1965, which pursued the goal, in particular, expanding economic independence of enterprises and the introduction of economic methods. calculation. The fourth stage is characterized by the development of local regulation in the scope of local labor law and increasing the powers of enterprises in relation to local rule-making, related to the self-government of labor collectives. The current state of local wage regulation is analyzed. It is established that international legal acts, along with the national legislation of Ukraine create, firstly, a legal basis for the implementation of local legal regulation of wages, and secondly, are part and element of the system of legal regulation of wages along with Ukrainian legislation, collective agreements and acts of a local nature. Analyzing the legislation of Ukraine and its role in the local legal regulation of wages, identified two areas of action: the establishment of rules of local legal regulation of wages, directly along with local acts regulating certain aspects of wages. It is summarized that in the local regulation of wages, the legislator has established an active role of such subjects of labor relations as trade union bodies, labor collectives, etc. The relevant requirements of the law are intended to create conditions for employees to be able, firstly, to defend their interests, and secondly, to influence and participate in local wage regulation in order to find acceptable compromises for all parties. It is concluded that the current state of local legal regulation of wages is at a satisfactory level. A reform is currently under way to improve legislation on local regulation in general and wages in particular.

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