GUARANTEES FOR PROTECTION OF LABOUR RIGHTS OF HIRED WORKERS IN THE CONTEXT OF ATYPICAL FORMS OF EMPLOYMENT

Анотація

The purpose of the article is to determine the scope and reveal the content of guarantees for protection of labour rights of hired workers in the context of atypical forms of employment. Results. The article, relying on the analysis of scientific perspectives and provisions of current legislation, reveals the scope and content of guarantees for protection of labour rights of hired workers in the context of atypical forms of employment. It is emphasised that guarantees for protection of labour rights of hired workers in the context of atypical forms of employment are a set of legally defined conditions, instruments and means used by the State, employer and employees themselves to ensure the actual exercise of their rights, freedoms and interests in the relevant field. The author determines that legal guarantees are enshrined in a large number of legal regulations of various legal force: from the Constitution of Ukraine and international treaties and agreements to local legal regulations adopted by each individual employer. These guarantees are aimed at creating an appropriate and effective regulatory framework for the protection of the legitimate rights, freedoms and interests of hired workers in the context of atypical forms of employment. In addition, the existence of these guarantees, a priori, is a guarantee that the employee's rights will not be violated and, in case of violation, will be restored. It is revealed that the main state social guarantees are: 1) the minimum wage rate; 2) the minimum old-age pension rate; 3) the tax-free minimum income of citizens; 4) the amount of state social assistance and other social benefits. The basic state social guarantees, which are the main source of subsistence, cannot be lower than the subsistence minimum established by law. Conclusions. It is concluded that to date, the legislator has developed a fairly broad system of guarantees for the protection of rights of hired workers in the context of atypical forms of employment. However, a common drawback is the fact that, despite their legal consolidation, currently no effective mechanisms for their practical implementation exist.

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