Open AccessTHE CONCEPT AND PURPOSE OF TRANSLATION AND MOVEMENT OF EMPLOYEES
Author(s) -
Галина Юріївна Фоміна
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.63
Subject(s) - relocation , rationalization (economics) , legislation , business , situational ethics , human resource management , institution , labor relations , public relations , labour economics , management , economics , law , political science , computer science , programming language
This article is devoted to the complex formation of relevant scientific thought about the essence, as well as the purpose of the transfer and relocation of employees in accordance with the norms of the current labor legislation of Ukraine. In the process of analyzing the current labor legislation, the author, taking into account the main current scientific approaches to understanding “transfer of employees” and “relocation of employees”, establishes that the main goal of “transfer of employees” is manifested in the rationalization of the use of labor resources at the enterprise (in an institution, organization), and the derived purpose of this personnel procedure is associated with individual (situational) manifestations of rationalization of the use of labor resources at the enterprise (in an institution, organization). The implementation of the “relocation of employees” is aimed at production and management (purely production, organizational, economic) rationalization of the use of hired employees by the employer at workplaces that are created at the enterprise (in an institution, organization), in specific conditions of the current needs of the production process. In the process of analyzing the purpose of transferring and relocation employees, it is proved that these personnel procedures are: equally aimed at the optimal use of labor resources by the employer; objectify the purpose and social significance of the production function of labor law, which is also adjusted by the social function of this branch of law. A comprehensive analysis of the purpose of the transfer and relocation of employees allows us to come to the conclusion that they are personnel procedures of a special sectoral legal regime – an integral legal regime for the transfer and relocation of employees. This legal regime is the order of legal regulation of the regime of rational use by the employer of the labor potential of employees (within the framework of industrial relations) through their “movement” (permutations in space, in forms of employment, in a set of responsibilities) without prejudice to ensuring the basis of workers' freedom of work and the harmonious stability of labor relations between employees and employers.