Kozachenko S. Legal regulation of labor relations in the agricultural sector of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U101045

Applicant for

Specialization

  • 081 - Право. Право

02-12-2022

Specialized Academic Board

ДФ 26.001.346

Taras Shevchenko National University of Kyiv

Essay

The dissertation discusses the specifics of agriculture, which is the main objective factor that determines the state’s interest in separately regulating the conditions of agriculture, which is reflected in numerous legal norms. Laws and regulations acting in support of agricultural workers are aimed at ensuring the regulation and protection of labor and health of workers, as well as compliance with safety techniques and industrial hygiene in the process of agricultural production. The main principle that determines the general powers of all industrial and economic formations, including agricultural enterprises, is: 1) the Constitution of Ukraine; 2) international treaties and agreements aimed at the main areas of improvement of the specified spectrum; 3) local acts, which are of great importance precisely for the protection of the rights of rural workers. The main areas of development of the legal regulation of labor of rural workers are outlined: development of legislation on state support of agriculture; legal regulation of sustainable rural development and greening of agriculture; strengthening and legislative consolidation of special requirements for the quality and safety of labor of agricultural workers; further development of legislation on material and financial support of village workers; improvement of the legislative regulation of the legal status of the farmer on the basis of generally recognized norms of international law. It is emphasized that labor relations in any agricultural enterprises are affected by two factors: First, the specific industry specifics of such enterprises affect the peculiar nature of work. This means: the use of agricultural land as the main means of production; high impact of weather and climatic conditions on the work process; seasonal nature of work; impossibility to determine its outcome and consequences in advance; inconsistency of the duration of production of products with the duration of working hours; high level of production risk; Secondly, the specificity of labor relations is also influenced by the fact that members of agricultural production cooperatives and farms form appropriate funds, distribute profits, have the right to a share in the event of leaving the association, bear risks and the most significant circumstance for the regulation of labor relations in in this field, they have a seasonal nature, which is of decisive importance when concluding an employment contract and its subsequent dynamics, thus, it is quite natural that the labor relations of agricultural workers are formalized with the help of fixed-term employment contracts. Such contracts are concluded in the form of a complete document in written form. Sometimes an employee’s application and an order to hire him are sufficient. The standard terms of an employment contract are: its term of validity, labor function, working and rest conditions, payment procedure. In addition, the contract may contain other conditions agreed upon by its parties, in which case they also become binding. It is assumed that the most significant circumstance for the regulation of labor relations in this area is their seasonal nature, which is of decisive importance when concluding an employment contract and its subsequent dynamics, thus, it is quite natural that the labor relations of agricultural workers are formalized with the help of fixed-term employment contracts. Such contracts are concluded in the form of a complete document in written form. Sometimes an employee’s application and an order to hire him are sufficient. The standard terms of an employment contract are: its term of validity, labor function, working and rest conditions, payment procedure. In addition, the contract may contain other conditions agreed upon by its parties, in which case they also become binding.

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