Legislative Initiatives in the Sphere of Labor: Expediency and Consequences
| Autor: | Rudakova Svetlana H., Shchetinina Liudmyla V., Shevchuk Olena V. |
|---|---|
| Jazyk: | English<br />Russian<br />Ukrainian |
| Rok vydání: | 2020 |
| Předmět: | |
| Zdroj: | Bìznes Inform, Vol 5, Iss 508, Pp 241-246 (2020) |
| Druh dokumentu: | article |
| ISSN: | 2222-4459 2311-116X |
| DOI: | 10.32983/2222-4459-2020-5-241-246 |
| Popis: | The article is aimed at evaluating the feasibility of adoption of the Ukrainian law «On Labor», as well as substantiating the desired approaches to the development of a new Labor Code (or supplementing the effective Code of Labor Laws). As a rule, only practitioners pay attention to the issue of the new legislative document in the sphere of labor, that is, the scholars who study the essence of phenomena and processes are virtually not involved in such an activity. It is not justified to take into account views of practitioners alone, due to their focus on the result and the underestimation of using either comprehensive or systemic approach. There are different approaches to the new basic labor legislation, which can be systematized. Some of «those who care» defend the opinion of adoption of a new legal document, and the main argument is the outdated provisions of the Code of Labor Laws, approved in 1971. Other participants in the discussion believe that the regulation of the socio-labor relations is not worth a separate code, and the format of the law will be sufficient. In their opinion, the relations between employees and employers in the current conditions are individualized, do not require such significant intervention of the State and other subjects of the socio-labor relations, as before. There is also a further opinion that the effective articles of the Code should remain in force, which will provide relatively strong social protection for workers. We consider the last point of view to be appropriate. First, the year the document is not a convincing argument – for example, the U.S. labor law is based on the legislation acts passed between 1935 and 1974 that changed the interpretation of the regulations in accordance with the requirements of practice. Secondly, the adoption of a new legal instrument could lead to undue additional efforts, as well as destroy efficient management technologies and practices. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
|