Unity and differentiation of legal regulation for the implementation of the right to work in certain categories of employees
It has been proven that labour relations are a legal relationship between an employer and an employee, which is established on a voluntary basis with regard to the use by the former (i.e., the employer) of the latter’s (i.e., the employee’s) ability to work and is expressed in mutual rights and obligations. It has been noted that in order for legal regulation to be fair, effective and appropriate, it should be based on a number of principles which determine the key priorities and vectors of legal regulation. To a large extent, the principles ensure the unity and integrity of the legal system and the legal regulation mechanism.
An emphasis is placed on the fact that certain categories of employees are employees for whom the current legislation, due to their physiological and social (including professional) properties (characteristics, signs, traits), provides for additional guarantees and/or benefits, some other advantages in working conditions compared to ordinary employees, and in some cases, increased requirements for their responsibility.
It has been generalised that the application of the principle of unity and differentiation in the legal regulation of the implementation of the right to work in certain categories of employees is a prerequisite for unimpeded access and inclusion of persons with certain specific physiological and/or social traits considered to be legally significant into the common legal space within which relations on the use of hired labour arise, develop, change and terminate.
It has been noted that the unity of legal regulation ensures a non-discriminatory approach to providing different individuals with the opportunity to realise their abilities and capacity to work through the conclusion of an employment contract. In turn, the differentiation of legal regulation allows taking into account the specific features of these employees and providing them with fair working conditions and adequate protection in accordance with their capabilities and needs due to these features.
Bondarenko, S. M. (2021). Unity and differentiation of the legal regulation of the work of seasonal and temporary workers [Candidate thesis, Kharkiv National University of Internal Affairs].
Garbuzyuk, K. G. (2020). Unity and differentiation of legal regulation of staffing of the National Police of Ukraine. Juridical Science, 12(114), 58–64. https://doi.org/10.32844/2222-5374-2020-114-12.08.
Naumenko, K. S. (2020). Unity and differentiation of legal regulation of work activite of the employees of the State Bureau of Investigation. Scientific Herald of International Humanitarian University, 44, 90–94. https://doi.org/10.32841/2307-1745.2020.44.20.
Novichenko, N. V. (2022). Unity and differentiation of the standards of labor law and gender equality in labor relations: prospects of combination in the future. Collection of scientific works of Kharkiv National Pedagogical University named after H. S. Skovoroda. Series “Law”, 36, 95–104. https://doi.org/10.34142/23121661.2022.36.11.
Kovalenko, O., & Shabanov, R. (2018). Discrimination or unity and differentiation of the legal regulation of labor relations: what is leveled by the Ministry of Health on the way to achieving gender equality in Ukraine. Entrepreneurship, Economy and Law, 6, 128–136.
Dobosh, Z. A. (2020). Gender equality and gender discrimination in the field of labour relations. Juridical Scientific and Electronic Journal, 7, 190–193. https://doi.org/10.32782/2524-0374/2020-7/48.
Bilozorov, Ye. V., Vlasenko, V. P., Horova, O. B. et al. (2017). Theory of the state and law (S. D. Husarov & O. D. Tykhomyrov, Eds). National Academy of Internal Affairs; Education of Ukraine.
Kotenko, O. A. (2012). Legal regulation in the context of the operation of the law and its fundamental principles. Almanac of Law, 3, 199–202.
Yaroshenko, O. M. (Ed.). (2022). Labor law of Ukraine. Kharkiv.
Pylypenko, P. D., Burak, V. Ya., Kozak, Z. Ya. et al. (2014). Labor law of Ukraine (P. D. Pylypenko, Ed.). In Jure.
Inshyn, M. I., Kostiuk, V. L., & Melnyk, V. P. (Eds). (2016). Labor law of Ukraine. Center of educational literature.
Dmytrenko Yu. P. (2009). Labor law of Ukraine. Yurinkom Inter.
Zhernakov, V. V., Prylypko, S. M., Yaroshenko, O. M. et al. (2012). Labor law (V. V. Zhernakov, Ed.). Right.
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