The current state of legal regulation of labor relations in Ukraine

Abstract

The experts’ point of view regarding the concept of “labor legal relations” has been studied and the author’s definition has been given, which means the volitional, legal relationship between an employee and an employer, arising on the basis of an employment contract, regarding the employee’s performance of work with its payment and ensuring the working conditions necessary for it performance provided for by labor legislation, collective agreement and agreement of the parties.
 The current state of legal regulation of labor relations has been considered. It is well-founded that the Labor Code of Ukraine has not been adopted to date, therefore the Labor Code of Ukraine should really be the main regulatory legal act that comprehensively regulates all aspects of labor relations. Ensuring this, first of all, will contribute to a clear understanding of the normative material and its quick search. It is noted that today, due to certain circumstances, the Labor Code does not fulfill the role of the main act of labor legislation: firstly, along with the Labor Code, there are traditionally other laws that regulate certain aspects of labor relations, namely the laws of Ukraine “On Labor Payment”, “On vacations”, “On labor protection”; secondly, the norms of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, adopted on March 15, 2022, suspended a large number of norms of the Labor Code and established other parameters of working conditions for all employees during the period of martial law.
 The analysis of the norms of modern national legislation shows that the changes established by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” worsen the working conditions of employees established by the Labor Code. It has been proven that the introduction of most of these changes is correct in the conditions of martial law, when the country’s economy needs radical transformations and additional resources. The inexpediency of reducing the guarantees established by the Labor Code for women who have a child under the age of three has also been proven, since raising a child is an extremely important social function of women in society and the state.
 The expediency of introducing wording changes in Articles 8 and 9 of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” from the words “women who have a child under the age of one year” and “of women who have a child under the age of one year” to, respectively, the words “women who have a child under the age of three” and “of women who have a child under three years of age” has been grounded in the article.

Legal provision of social protection of employees in the conditions of martial law

“…It was noted that due to certain circumstances, the Code of Labor Laws (hereinafter -the Labor Code) of Ukraine "nowadays does not fulfill the role of the main act of labor legislation". This legal conflict under the conditions of martial law is exac erbated by the introduction of changes to the Labor Code of Ukraine, which have insufficiently regulated provisions, which complicates the protection of the social rights of workers [9]. This is confirmed in the presented study.…”

“…Bortnyk's article [9] states that at present there is a leveling of the "Code of Labor Laws" as a basic legal instrument for regulating relations between employees and employers. It was noted that due to certain circumstances, the Code of Labor Laws (hereinafter -the Labor Code) of Ukraine "nowadays does not fulfill the role of the main act of labor legislation".…”