Toolkit for Performing Public Control of Compliance with Labor Legislation

Анотація

In the article, through scientific abstraction, the concept of public control tools is defined as a set of means for realizing the goal of ensuring the rights, freedoms, and legitimate interests of individual citizens and society as a whole, which is carried out by public organizations, associations, and the population. Adapting the tools of control used in the management of organizations to the field of labor protection, it can be argued that public control in the field of labor protection can be carried out according to the legality of wage calculations, for which financial control tools can be used; part of the operational control tools can be involved in monitoring compliance with safety techniques at enterprises; individual quality control tools can be used in compliance with social labor conditions. The toolkit of public control over compliance with labor legislation can be selected depending on the purpose of its implementation. The purpose of control may change, and depending on it, one or another toolkit is selected, it may be more extensive, or only certain tools may be used. Even when the purpose of control is the same, the individual tasks resulting from it, and accordingly, the tools, may differ. The results of public control may be demands from the subjects of such control both to employers with the aim of guaranteeing certain social standards, ensuring constitutional rights (preserving life, health, etc.), and to state control bodies with the aim of introducing such demands into the regulatory and legal field. That is, the tasks of public control are not only the detection of deviations from the observance of labor protection norms by controlled objects, it is much broader and reflects the influences and demands of civil society. The article concludes that a civil society has been formed in Ukraine, whose institutions can take over certain functions of monitoring compliance with labor legislation, especially during martial law, when the risks of illegal actions on the part of employer’s increase.

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