Legal regulation of temporary labour migration in labour and private international law of Ukraine

Abstract

This scientific article focuses on the study of the problems of temporary labour migration that exist at the theoretical and legislative levels. The connection of temporary labour migration with private international law and labour law is reflected since the legal relations arising in the field of temporary labour migration are cross-border in nature and go beyond the national legal regulation. The purpose of this study is to focus on the study of the state of legal regulation of temporary labour migration in private international law and labour law of Ukraine and identify problems of regulating temporary labour migration. The analysis of scientific sources and legislation made it possible to establish that the legal response to temporary labour migration in the legislation of Ukraine has significant shortcomings. In particular, the content of the concept of “temporary labour migration” is not defined; the list of labour relations falling under the category of temporary labour migration is not defined; the scope of persons acquiring the status of temporary labour migrant is not defined; there are no norms reflecting the specifics of legal regulation of temporary labour migration as well as there are no norms reflecting guarantees and protection of temporary labour migrants.