Open AccessTHE EXPERIENCE OF THE EUROPEAN COUNTRIES AND THE USA ON THE LEGAL REGULATION OF THE INTERNAL LABOR ORDER AND THE WAY OF ITS LENDING FOR UKRAINE
Author(s) -
Andrii M. Padalka
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.04
Subject(s) - legislator , legislation , consolidation (business) , order (exchange) , labor relations , business , labour law , law , labour economics , economics , political science , accounting , finance
The article analyzes the peculiarities of foreign experience of legal regulation of domestic labor regulations. The specifics of legal regulation of domestic labor regulations in European countries and in the USA are investigated.The ways of borrowing positive foreign experience in the national labor legislation are indicated. Emphasis is placed on the experience of Germany in the regulation of internal labor regulations: 1) a clear consolidation of the rights and responsibilities of employees and employers at a centralized level; 2) implementation of the principle of “mutual trust” of the employee and the employer in the legislation; 3) use of consultations with employee representative bodies in approving internal labor rules; 4) imposing a ban on posting orders on the bulletin board containing the names of employees and the nature of their violations of internal labor rules.In addition, there is an example of France, where for the first time among all other European countries the principle of "bilateral cooperation" ("laissez fair, laissez passer") was enshrined, which limits the state's participation in the economic life of the employer, but provides basic guarantees for the protection of workers' labor rights in this case. their violations. It is also interesting that, within the framework of internal labor regulations, the French legislator introduces the concept of "effective working time", and there is a so-called "compulsory period" during which an employee, without being in the permanent and immediate disposal of the employer, is obliged stay at or near your place of residence so that you can arrive at your place of work and fulfill your responsibilities.It examines the legal regulation of domestic employment in the UK, which is based on contractual and local legal frameworks, which contributes to the dynamic regulation of labor and related relations.It is noted that the rules of domestic labor in the United States are approved, as in England, by a single employer without any consultation with trade unions. United States labor law is two large blocks of legal rules: employment law (labor law) and labor law (collective labor law).