The dissertation is one of the first special comprehensive study of supervision and control as a component of the system of protection of labour rights and freedoms in the domestic science of labour law.
The system of protection of labour rights and freedoms is a complex multilevel structure, the components of which are objects of protection, subjects of protection, forms, methods and means of protection.
The current legislation of Ukraine in the field of supervision and control over compliance with labour legislation generally meets international standards, in particular, conventions and recommendations of the ILO in this area. At the same time, the provisions of the ILO acts on preventive measures to prevent violations of employee rights should be more actively implemented in national legal practice by encouraging and disseminating cooperation between labour inspection officials and employers' and employees' organizations, strengthening the preventive inspection function.
From a scientific point of view it seems appropriate to formulate a single concept of supervision and control over compliance with labour legislation. This concept can be defined in several senses: 1) as one of the jurisdictional forms of protection of labour rights and freedoms of employee; 2) as the activity of authorized bodies (for public control – by trade unions and their organizations) (or the activity of authorized state and public bodies, local self-government bodies); 3) as legal relations in the system of legal relations in the field of labour; 4) as a separate legal institution in the system of labour law of Ukraine; 5) as a legal procedure carried out in the manner prescribed by law.
Supervision and control over observance of labour legislation is not a sub-institution of the institute of labour protection. As a separate legal institution in the system of labour law of Ukraine, supervision and control over compliance with labour legislation is a set of legal norms that establish the concepts, functions, main tasks, subjects, objects, forms and procedures for supervision and control over compliance with labour legislation.
The relationship of supervision and control over compliance with labour legislation is a component of the subject of labour law. If we adhere to the concept of the subject of labour law as labour and directly related relations, the relationship of supervision and control belongs to the latter type of relationship. They are closely (or directly) related to the employment relationship and cannot arise and exist without this relationship. If we take into account another concept of the subject of labour law as individual and collective labour relations, the relationship of supervision and control is an independent type of social relations, which have both external and internal nature, depending on their type. They have an ancillary, service nature in relation to individual and collective labour relations.
It is substantiated that state supervision and control over observance of labour legislation is a state jurisdictional form of protection of labour rights and freedoms of employees. Public control over the observance of labour legislation should be considered as a public non-jurisdictional form of protection of labour rights and freedoms, which is carried out by trade unions and their associations.
It is concluded that the relationship between supervision and control over compliance with labour legislation with other forms of protection of labour rights and freedoms is their unity, interaction and differences. As a jurisdictional form of protection of labour rights and freedoms, supervision and control over compliance with labour legislation differs from other forms of protection and subjective feature, procedure, methods and means of protection, forms of response to violations of labour rights and freedoms, legal consequences.
The definition of the concept of state supervision over compliance with labour legislation as the activity of authorized officials of the State Labour Service of Ukraine and its territorial bodies, carried out in the forms prescribed by law, to identify violations and shortcomings in the implementation of central executive bodies (supervised objects) control powers.
State control over compliance with labour legislation is defined as the activities of authorized officials of the State Labour Service of Ukraine and its territorial bodies, carried out in the form of inspection visits, to verify compliance by legal entities and individuals using hired labour, labour legislation, application measures of influence in connection with its violation.
The subjects are state bodies that perform the functions of state supervision and control over compliance with labour legislation and labour protection, public control bodies, local governments, employers (persons authorized by them).
