The dissertation is devoted to complex and thorough research, taking into account the latest achievements of labor law science of the legal status of the head as a subject of organizational and managerial relations in labor law of Ukraine and development of conceptual ways of further development of this field.
Based on the results of the dissertation research, the author’s provisions are formulated, which are submitted for defense and contain elements of scientific novelty. The concept of "manager" is given, which should be recognized as an official who, in accordance with legislative and other regulations of Ukraine, constituent documents of a legal entity (enterprise, institution, organization) is a sole executive body or heads the executive body of enterprise, institution, organization , organizes the work of the enterprise, institution, organization and has the right to exercise the capacity of the enterprise, institution, organization through representation in all legal relations without a power of attorney.
It is substantiated that in addition to the employment agreement (contract) and the possibility of concluding it, taking into account primarily the age of the applicant for the position, as mentioned earlier, a prerequisite for employment with the head of the organization are other components of complex legal (factual) composition. as a whole represents a design from such elements, as: 1) establishment of requirements to the candidate of the head which is carried out by local regulation; 2) making a decision on appointment; 3) the actual conclusion of an employment agreement (contract); 4) state registration of changes in the legal entity regarding the appointment (election) of a new head.
Numerous attempts to improve the labor legislation of Ukraine in terms of defining the concept and legal status of the head as a subject of labor law, which was reflected in the existence of numerous drafts of the new Labor Code, while, even in the latest version of the draft, norms , are found singly in the text of the document. Therefore, in our opinion, the most successful would be to develop and consolidate a separate section of the code that would regulate the legal status of this important participant in the relationship or at least a special law that would determine the legal status of this category of workers.
There are features of the legal status of the head of the enterprise, which distinguish him from other subjects of labor relations: 1) the duality of status; 2) regulation of the legal status of the head by various norms of the legislation which do not agree among themselves; 3) endowment of the head of the enterprise with special rights and responsibilities; 4) the presence of increased legal liability (special tort).
It is noted that one of the most successful options, considering the elements of the legal status of the head, in the framework of labor relations, is their division into two types:
1) those that belong to him as an employee (general);
2) those that belong to him as an employee with a special status - the head (special). The second group, in turn, includes: those that are part of the content of the labor function; those related to working conditions and internal labor regulations.
Proposed Dividing the characteristics of the job function into subjective and objective, it should be noted that the subjective component is characterized by high personal requirements for the person-manager. He must be competent, have the appropriate psychological qualities that should enable him to perform an objective component of the labor function in a high degree of organizational independence, which is a necessary condition for creative, meaningful and systematic work of the head of the legal entity.
