Problems of the Formation of Labor Legislation of Ukraine: Expert Assessment of the Draft Law of Ukraine “On Labor” and Proposals for its Improvement

Анотація

The article examines the problems of the formation of labor legislation of Ukraine. An assessment was made of the draft Law of Ukraine “On Labor”, which was presented for public discussion on 09/23/2022. The reasons that inhibit the principle of social justice in the interaction of the parties to social and labor relations, as well as reduce the social protection of workers and the role of state regulation of the labor sphere, were revealed. The impracticality and prematurity of the liberalization of the labor legislation of Ukraine is substantiated. The directions of approximation of domestic labor legislation to EU standards have been revealed and specified. The needs to overcome the imbalance of the rights of the employee and the employer and to reduce the level of protection of labor rights are substantiated. It is proposed to define the legal provisions that regulate the implementation of digitalization in the labor sphere, as well as ensuring decent work. Variants of article-by-article recommendations for overcoming discrimination and limitations of the employee’s rights in terminating the employment contract are provided. The conclusion contains the content of the round table resolution and aims at the codification of labor legislation, its integration into EU legislation and social protection of workers.

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