SOCIAL VALUE OF LABOR LAW

Author
, associate professor, Irpin, Universitetskaya, 31

In heading

 Law;

Signed print

 26.02.2018

Issues number

 2018 - № 1 (32)

Page

 137-148

Type of articles

 Scientific article

Code UDK

 349.2:340.114

ISSN print

 2411-5584

Abstract

 Problem setting. The unsystematic improvement of labor legislation in Ukraine on the background of the transformation of social relations and in the context of globalization is increasingly creating problems of a social nature in the workplace. The consequence is a permanent deterioration of the legal status of the employee and a departure from the very essence and value of labor law. The desire of the legislator to satisfy the interests of employers through the extension of their rights in labor relations leads to a narrowing of workers’ rights. This puts into question the effectiveness of the legal regulation of labor relations and state protection of employees’ interests.
Analysis of recent research and publications. The proposed scientific view on the social value of labor law is based on an analysis of the works of such scholars as І. V. Venedyktova, M. І. Inshyn M. I., A. M. Lushnikov, М. V. Lushnikova, G. V. Maltsev, N. М. Onishchenko, O. V. Petryshyn, Roskoe Pound, Rudolf von Jhering, M. V. Tsvik, V. І. Shchebyna.
Paper objective is to identify and prove the social value of labor law through the recognition of the priority of labor rights and employee’s interests.
The main material presentation. The article stresses that the essential development of labor law should be based on the laws of development of organizational and legal forms of involvement in work and strengthening the rights and freedoms of the employee in labor legal relations. Such development should ensure the optimal balance of public and private interests of the state, employers and employees. The author states: (a) Ability to work is the key natural resource of a person, which provides the conditions for her life. This, in turn, requires a special optimization of public and private interests with the guarantee of the priority of the natural right to work of the employee and his related labor rights.
(b) Labor relations as the basis organizational and legal form of engagement in labor should provide for the employee not only the preservation of his ability to work, but its reproduction.
(c) The functions of labor law and the right to work are due to the social nature of law as a phenomenon. They have to decisive influence on the consolidation, guarantee, implementation, sustentation and protection of labor rights and interests of the employee.
(d) The realization of the labor rights and interests of the employee should be based on the relationship of social and economic needs, only this can provide the necessary quality of his working life and vital activity in general. The basic resource of the national welfare is the natural human ability to work. Respectively, the main civilizational attainment of the present is the awareness of the practical value of labor law as a social right, which regulates the relationship between the employee and employer and legally equal their position in labor relations.
Conclusions. Priority of labor rights and interests of an employee does not exhaust the social value of labor law. The categories that determine its social purpose are also such as freedom, justice, legal equality, humanism, etc. The social purpose and the value of labor law also relate to the instrumental provision of the rights and interests of workers and employers. A comprehensive approach to the definition of the social value of labor law also affects other branches of science, which in their unity form the society’s consciousness to respect, honor and dignity of each member and groups of persons.
Short Abstract for an article
Abstract. The article is devoted to the study of the social value of labor law as a civilizational achievement of society. The current ideology of reforming Ukraine’s labor legislation is criticized. The necessity of recognizing the priority of labor rights and interests of the worker is substantiated, because the right to work is a natural right, and the ability of a person to work ensures its livelihoods and contain the potential for development.

Keywords

 social value, social purpose, labor law, labor rights and interests, employee, employer

Reviewer

External reviewer

Article in PDF

 1 137-148

Bibliography

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Code DOI

 10.31359/2411-5584-2018-32-1-137

16.02.2018