The dissertation is one of the first in the domestic science of labour law a special comprehensive study of theoretical and practical problems of legal regulation of requirements for employees under the laws of Ukraine.
The dissertation defines the concept of requirements for employees on the basis of analysis of special literature, current legislation of Ukraine, the draft Labour Code of Ukraine. Requirements for employees are first of all a system of norms, rules, compliance with which is necessary for hiring a person and its implementation.
Requirements to employees as a labour law category should be considered as provided by law in the manner prescribed by specific circumstances, conditions, conditions, compliance with which is necessary for the employment of a person (specific position) and its implementation.
Determining the compliance of employees with the established requirements should be recognized as one of the stages of the procedure for concluding an employment contract (in cases provided by law – a contract) with the implementation of all legal actions and measures provided by law, without which a person cannot be hired as an employee. Establishing the employee's compliance with the requirements is also part of the procedure for professional selection of employees by the employer.
The system of requirements for employees including: requirements for qualification and professional competence of employees (professional qualification requirements), requirements for age, health, physical and mental condition, citizenship Ukraine, voting rights, residence for a certain period of time on the territory of Ukraine, proficiency in the state language, use of the state language in the performance of official duties, proficiency in a foreign language, requirements for legal capacity, no criminal record, requirements for personal and moral qualities, professional ethics and integrity, incompatibility requirements and other requirements.
The dissertation highlights the main features of the requirements for employees, which include the following: 1) they are established by law; 2) the norms that enshrine them are imperative, and the requirements themselves are mandatory for application both at the conclusion of an employment agreement (contract) and during the performance of labour (official) duties; 3) requirements for employees are set in the form of specific circumstances (requirements for educational level, knowledge of the state language, length of residence, etc.), conditions (citizenship, physical and mental condition that allows certain activities, etc.), conditions (license) conditions for conducting educational activities, etc.); 4) are established in compliance with certain legal limits; 5) compliance of the employee with the established requirements is determined in the forms provided by the legislation; 6) non-compliance of the employee with the established requirements entails certain legal consequences.
The components of the legal mechanism for ensuring requirements for employees are identified, the elements of which are: normative consolidation of requirements for employees; determining the employee's compliance with the established requirements; legal consequences of non-compliance of the employee with the established requirements.
Classification of requirements to employees on various bases is carried out. Professional qualification requirements, requirements for age, state of health, citizenship, knowledge of the state language, requirements for personal and moral qualities of employees, and other requirements for employees are distinguished on the basis of content. It is proposed to distinguish general, special and additional requirements for employees on a subjective basis. According to the method of establishment, the requirements to employees established by the legislation and the requirements established by the constituent documents of the organization (institution), local normative legal acts are distinguished.
The following legislative limits for establishing requirements for employees have been determined: 1) establishing requirements for employees in the ways provided by law; 2) mandatory observance of the principle of non-discrimination in the field of labour; 3) clear legislative consolidation of cases and forms of establishing requirements for employees by the employer; 4) consolidation of the list of requirements to employees which can be established only by the law; 5) prohibition to require certain information and documents, the submission of which is not provided by law; 6) compliance with the legislation on the protection of personal data of the employee.
Proposals for improving Art. 22 of the Labour Code of Ukraine, Art. 26 of the draft Labour Code of Ukraine in terms of regulation of requirements for employees. The necessity of supplementing the current Code with a separate Article 24-1 "Requirements for employees".
