Fomina H. Legal regulation of transfer and relocation of employees.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100387

Applicant for

Specialization

  • 081 - Право. Право

28-12-2021

Specialized Academic Board

ДФ 26.001.265

Taras Shevchenko National University of Kyiv

Essay

The dissertation research is devoted to the theoretical and legal foundations of legal regulation of the transfer and movement of employees. The analysis is carried out, which is a comprehensive scientific interpretation and theoretical and legal characteristics of the transfer and movement of employees. The features of the current state of legal regulation of the transfer and movement of employees in general and certain categories of employees, in particular, are established. The system of basic grounds and conditions for transferring and relocation employees, as well as the procedure for implementing these personnel procedures, is clarified. A comprehensive analysis of the provisions of the current legislation of Ukraine and the positions of scientists has shown that the transfer and movement of employees is covered by the relevant special labor and legal regime, which is the procedure for legal regulation of the regime of rational use by the employer of the Labor potential of employees (within production relations) by their rearrangement in space, forms of employment, a set of duties without prejudice to ensuring the basis of freedom of work of employees and the harmonious stability of labor relations between employees and employers. At the same time, the current state of legal regulation of the transfer and movement of employees in Ukraine is due to the evolution of this Labor and legal regime. In this regard, attention is drawn to the fact that: the regulation of the transfer of employees can be traced already during the existence of Ukraine-Rus, although at the level of legislation, the principles of transfer were first fixed in 1835; the regulation of the movement of workers in Ukraine was born only at the late stages of the development of Soviet labor law (since 1980).

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