New approaches to legal regulation and organisation of labour in Ukraine

Gusarov, S. M.; Melnyk, Kostiantyn

doi:10.37635/jnalsu.28(1).2021.169-178

Cited by 7 publications

(1 citation statement)

References 2 publications

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“…In the absence of such involvement, some employees may be forced into telework at home in family settings that are disruptive of work, or surveillance of telework employees may infringe upon individual privacy. A Ukrainian study [97] argues that there is a need to develop and adopt a more comprehensive set of labour laws and codes around the area of remote work to preserve the labour rights of employees, and which also meet modern requirements of international and European labour law. This echoes arguments put forward by Hynes [100] in 2014, who argued that without such types of protections, the practice will be disorganised, and may not be as successful as it otherwise could be.…”

Section: Sdg 8: Decent Work and Economic Growthmentioning

confidence: 99%

Telework, Hybrid Work and the United Nation’s Sustainable Development Goals: Towards Policy Coherence

Moglia¹,

Bardoel²

2021

Sustainability

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With increased participation in telework expected to continue, in the aftermath of COVID, it will be important to consider what long-term impact this practice could have on sustainability outcomes. This paper describes a scoping review and identifies connections between telework and sustainability outcomes from previous academic studies. These connections were categorised, and are discussed, based on their contributions to different United Nations Sustainable Development Goals. Most research was found to focus on countries classified as having a very high human development index status. The SWOT matrix technique was used to illustrate the strengths and weaknesses identified in the existing literature, and the threats and opportunities for future work. This aims to ensure policy coherence so that strategies to promote one outcome, such as economic productivity improvements, do not undermine another, such as improved health. Practical implications and research opportunities were identified across a range of SDG impact areas, including good health and well-being, gender equality, reduced inequality, climate mitigation, sustainable cities, and resilient communities. Overall, our impression is that increased rates of telework present an important opportunity to improve sustainability outcomes. However, it will be important that integrated and holistic policy is developed that mitigates key risks.

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Section: Sdg 8: Decent Work and Economic Growthmentioning

confidence: 99%

Telework, Hybrid Work and the United Nation’s Sustainable Development Goals: Towards Policy Coherence

Moglia¹,

Bardoel²

2021

Sustainability

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Contractual Regulation of Employment Relations: Problems and Prospects

NOVAK¹,

МELNYK²

2022

Law. Human. Environment

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The research is devoted to the prospects of the development of labour legislation in the part of contractual regulation of labour relations. The relevance of the study is conditioned upon the necessity to update the regulatory framework governing labour relations, first of all, the relations on the conclusion, amendment, termination of labour contracts, and relations in the field of collective contractual regulation. The purpose of the study is to identify the risks and highlight the shortcomings of draft laws concerning the individual contractual regulation of labour relations, to analyse the prospects for the development of labour legislation on labour and collective agreements, and to develop the authors’ proposals to improve the state of legal regulation in this area. To achieve this purpose, the following scientific methods were used: dialectical, Aristotelian, analytical, formal-legal and comparative-legal. As a result of the study, the following priority measures to improve the contractual regulation of labour relations were identified. Ensuring that stakeholders are better informed about collective bargaining as a guarantee of employees’ rights (through the development of an information and advisory space, in particular, a virtual one). Intensification of the process of concluding collective agreements for maximum coverage of the employed population and employers, including individual entrepreneurs. Preventing the adoption of the proposed draft law No. 5371 as such, which by its scope may put employees of small and medium-sized enterprises in a worse position in terms of labour relations than employees who will not be subject to the contractual regime of regulation of labour relations. Further work in the area of labour law reform (both on the theoretical and practical levels) should concentrate on exploring options for regulating labour relations that would combine centralised, unified minimum guarantees for all participants in labour relations with special, possibly simplified, rules for particular categories (e.g. micro-enterprises). The generalisations can be used to develop draft regulations for labour law and can also be used to prepare research on the legal regulation of individual and collective labour relations.

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Compliance by employers with the Labor Code of Ukraine: On the issue of dismissal for improper performance of work

Silchenko,

Sereda,

Kravtsov

et al. 2023

SLS

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The relevance of the study of the legal regulation of dismissal of employees for improper performance of labour duties is due to the fundamental changes and reforms in labour legislation which require a more detailed study of the social and legal aspects of labour relations. The purpose of this study is to get acquainted with the procedure for dismissing employees, especially in the form of disciplinary proceedings for improper performance of duties. The study used a theoretical methodological approach, the method of legal hermeneutics, a formal legal, methodological approach, the method of deduction, the method of induction. In the course of the study, the characteristic aspects of labour relations in general, the specific features of the employment contract, and the procedures for dismissal for violation of relevant labour obligations in the framework of disciplinary proceedings were analysed. Modern judicial practice was considered, which provides an opportunity to analyse theoretical provisions in their reflection in the real practice of law enforcement in Ukraine to describe this particular procedure for dismissing an employee more thoroughly. The results of the study also identified certain problems in this area that may interfere with its effective functioning. These problems are related to the contradictory interpretation of legal norms regulating the procedure for dismissing an employee for improper performance of official duties. Therefore, to resolve this conflict of laws issue, the practice of the Supreme Court was considered, and the current legislation was analysed, which helps to provide explanations on all the features of the procedure for dismissing an employee legally. The study provides practical guidance for Ukrainian employers on how to properly dismiss employees for non-performance, ensuring compliance with the law, clear criteria for decision-making and the necessary documentation

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New approaches to legal regulation and organisation of labour in Ukraine

Cited by 7 publications

References 2 publications

Telework, Hybrid Work and the United Nation’s Sustainable Development Goals: Towards Policy Coherence

Telework, Hybrid Work and the United Nation’s Sustainable Development Goals: Towards Policy Coherence

Contractual Regulation of Employment Relations: Problems and Prospects

Compliance by employers with the Labor Code of Ukraine: On the issue of dismissal for improper performance of work

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