Open AccessTOWARDS IMPROVEMENT OF LEGISLATION IN THE FIELD OF PRIVATE EMPLOYMENT AGENCIES
Author(s) -
О. Pohorelova
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.06
Subject(s) - legislation , ratification , business , convention , labour law , flexibility (engineering) , public administration , law , political science , economics , management , politics
In the framework of the article topical issues that need improvement in the field of activity of private employment agencies were considered. Taking into account the increasing number of cases when people could find a job thorough such agencies, particularly, migrant workers. Proper legal regulation of the activity of such workers is needed and harmonize national legislation with international legal standards. Proposals for adoption of the Law of Ukraine «On private Employment Agencies» were introduced. Also, amendments to the legislation on licensing of such agencies were proposed.
Ratification of ILO Convention No. 181 “On Private Employment Agencies” will allow for universal approaches to the functioning and development of employment agencies, while providing flexibility in conjunction with the protection of workers' rights, as international standards must be adhered to when engaging with employment agencies.
Ratification of the aforementioned Convention should be accompanied by improvements in the legislation in the field, in particular the development and adoption of a separate Law of Ukraine “On Private Employment Agencies” must be drafted and adopted. The necessity of adopting a separate law is conditioned by a large number of issues that need to be addressed in the field of activity of private employment agencies and not overburdened by these provisions of the Labor Code (and subsequently the new Labor Code). This Law should bring to the foremost the conceptual apparatus, in particular, regarding the concept of employment lambs. It is necessary to define clearly the concept of employment agencies, to determine the list of services that such employment agencies can provide, in particular, to define the activities of agencies, to determine the possibility of charging for services by such employment agencies and to what extent the rights and responsibilities between an employer and a private employment agency. Also, legislation on licensing of such employment agencies needs to be improved, in particular, it is not necessary to provide for a procedure for licensing employment agencies operating in Ukraine.