On the Representation of Employers in Employment Relations
Keywords:law, employer, Labor of Ukraine
AbstractAccording to the norms of Ukrainian legislation the institute of representation belongs to the sphere of Civil Law of Ukraine. At that the researchers of the science of the civil law have pointed out and emphasized the peculiarities of representation in different areas as sharing some common features it possesses different contents. The abovementioned peculiarity of representation has been attracting attention and is still under the research by scientists-laborers whose views on the presence of representation in the Labor Law are at times oppositional. The following are among those scientists: B. K. Behichev, O. V. Bryliova, N. D. Hetmantseva, L. V. Zaitseva, M. S. Kaminska, V. H. Melnikova, V. O. Protsevskyi, S. M. Prylypko, H. A. Trunova, H. I. Chanysheva, O. M. Iaroshenko and others. Despite numerous scientific debates in this area the topicality of the suggested subject of the research still remains extremely significant which is mainly predetermined by the absence of the norms on the regulation of the relations of representation in the current Law Code on Labor. This is why the aim of this research is to determine the possibilities of representation of employers according to the norms of Labor Law both in individual and collective labor relations alongside with the analysis of problematic issues in this area and the ways of their solution.
The Law of Ukraine “On Organizations of Employers, their Associations, Rights and Guarantees of their Activity”. The Herald of the Supreme Council of Ukraine. 2013; 22.
The Law of Ukraine “On Professional Unions, their Rights and Guarantees of their Activity”. The Herald of the Supreme Council of Ukraine. 1999; 45.
The Law of Ukraine “On Labor Protection”. The Herald of the Supreme Council of Ukraine. 1992; 49.
Lebedev VM, Voronkova IR, Melnikova VH. Modern Labor Law (Experience of Labor Law Comparativism). Book 1. Moscow: Statut publ; 2007.
On the Standard Contract Form Possessed by the State: The Decree No. 597 of the Cabinet of Ministers of Ukraine on 1995 Aug 02. Available from: http://zakon3.rada.gov.ua/laws/show/597-95-п.
Kozub IH. Consequences of Adjudging a Physical Person. Subject of Labor Law Incapable. 2011; 2. Available from: http://www.nbuv.gov.ua/e-journals/FP/2011-2/11kigtpn.pdf.
Zaitseva LV. Representation and Mediation in the Labor Law: Comparative Legal Research. Moscow: Prospekt publ; 2015.
Federation of Employers of Ukraine. On the Federation: Our History. Available from: http://fru.ua/ua/about/history.
Padadymenko MD. Legal Regulation of the Protection of Collective Labor Rights in Ukraine and the EU: Comparative Aspect. The Journal of Kyiv Law University. 2013; 4: 177-81.
Postovalova T.A. Labor Law of the European Union: Theory and Practice. Moscow: Prospect publ; 2015.
The Law of Ukraine “On the Procedure of the Settlement of Collective Labor Disputes (Conflicts)” from 1993 Mar 03. The Herald of the Supreme Council of Ukraine. 1998; 34.
Lebedev VM, Voronkova IR, Melnikova VH, Nikolaichenko HM. Notions and Subjects of Representation in Labor Law. In: Nikolaichenko HM, editor. Modern Problems of the State and Law. Odessa: National University "Odessa Law Academy", 2004. pp. 817 – 821.
How to Cite
Copyright (c) 2018 Irena KOZUB
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the works authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in European Journal of Law and Public Administration.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
EJLPA Journal has an Attribution-NonCommercial-NoDerivs