IMPROVING THE MECHANISM FOR IMPLEMENTATION AND PROTECTION OF HUMAN RIGHTS IN THE SPHERE OF LABOR RELATIONS DURING WAR

Abstract

The article defines the main elements of legal protection of labor rights and legitimate interests of employees, in particular: prerequisites for legal protection; a certain legally established form of legal protection; means and methods of implementation, which are provided for by labor law norms. Generalized classification of forms of protection of labor rights and interests of employees. The concept is substantiated and the classification of methods of protection of labor rights and interests of employees is carried out. Subjects of protection of labor law and interests in wartime are defined. The main problems of the protection of rights in the field of labor relations during the war period have been identified, such as: implementation of the right to terminate the employment contract at the initiative of the employee; timely receipt of the settlement in connection with dismissal at the initiative of the employee; sending an employee on unpaid leave during wartime without sufficient grounds; transfer to part-time work, dismissal of an employee without notice. The following shortcomings and problems of legal support for the implementation of labor law in Ukraine are substantiated: insufficient effectiveness of control and supervision, problems with payment of wages, insufficient level of protection against "collective explosions", wage inequality, excessive use of zero hours, imperfection of the mechanism for resolving labor disputes, imperfection use of flexible forms of employment. Disadvantages in the implementation of labor relations during martial law are highlighted: the employer's right to transfer an employee to another job without his consent; additional grounds for terminating the employment contract at the initiative of the employer; the employer's right to terminate employment contracts with employees during their temporary incapacity or while the employees are on vacation; increased norms of working hours; cancellation of reduced work schedule on the eve of holidays; holidays The main ways of improving the mechanism of implementation and protection of human rights in the field of labor relations during the war are substantiated: state control over compliance with labor legislation; protection of labor rights by trade unions; independent protection by employees of their labor rights; protection of labor rights in judicial bodies.