Open AccessFreedom of Choice in the Context of the Right to Work (According to Paragraph 1 of Article 40 of the Labor Code of Ukraine)
Author(s) -
A. Andrushko
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.32
Subject(s) - paragraph , context (archaeology) , work (physics) , right to work , freedom of choice , freedom of contract , labour law , labour economics , law and economics , law , sociology , political science , business , economics , engineering , mechanical engineering , paleontology , biology
In the field of labor law highlights the problem of freedom of choice in the context of the right to work, which is achieved through the will of man, aimed at self-determination of a possibility that has legal significance with awareness of responsibility for the consequences. Therefore, freedom of choice in the context of the right to work is seen as a process of forming a person in the field of work through himself, through his own will to work. Theoretical study of freedom of choice in the context of the right to work is carried out on the example of termination of the employment contract on the initiative of the owner or his authorized body under paragraph 1 of Art. 40 of the Labor Code of Ukraine. It is substantiated that the freedom of choice in the right to work upon termination of the employment contract under paragraph 1 of Art. 40 of the Labor Code of Ukraine is ensured by the fact that the employee has the right to choose a job from all vacancies that exist in the company, regardless of the structural unit in which he worked, as well as any other job, including fixed-term employment. It is emphasized that the limits of freedom of choice of the employee among the vacancies offered by the employer is that he can choose only one that corresponds to his education, qualifications, experience. Therefore, if at the time of reduction of the company there are vacancies in the staff list, but job descriptions of these positions provide for applicants the appropriate level of education, special qualifications, work experience, etc., which the employee with whom the employment contract is terminated under paragraph 1 of Art. . 40 of the Labor Code of Ukraine does not exist, the employer is not obliged to offer such positions to the employee. It is emphasized that the freedom of choice in the aspect of return employment can be realized provided that the owner accepts employees with similar qualifications. It is substantiated that the freedom of choice of the employer consists in expediency of application of item 1 of Art. 40 of the Labor Code of Ukraine and provides for its subjective right to make decisions on the effective development of enterprises, institutions, organizations, but such decisions may not go beyond its powers, defined by regulations and the statute of the legal entity.