
PROBLEMS OF LEGAL REGULATION OF THE CHANGE OF LABOR LEGISLATION OF CIVIL SERVANTS
Author(s) -
T. Lysytsʹka
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.19
Subject(s) - legislation , labor relations , labour law , political science , public service , industrial relations , law , promotion (chess) , civil law (civil law) , law and economics , public law , sociology , politics
The article is devoted to the study of the problems of legal regulation of changes in labor relations of public servants. The norms of the national legislation, which fix the rules, transfer to another job, transfer to another workplace and changes in essential wor king conditions are analyzed. Provides suggestions and recommendations for improving national legislation, which provides rules for changing labor relations of public servants.
Attention is drawn to the fact that the Labor Code does not stipulate the definition of terms: "change of employment relationship", "transfer to another job", "transfer to another workplace", "change of essential working conditions". The definition of the term "transfer to another job" is given in the Resolution of the Plenum of the Supreme Court of Ukraine "On the practice of consideration of labor disputes by courts" of 06.11.1992, No. 9, and the issue of changes in the labor relations of civil servants comprehensively regulates the Law of Ukraine "On Civil Service" of 10 December 2015 No. 889-VIII.
Finds its justification that the rules of Art. 40 of the Law of Ukraine “On Civil Service” concerning the promotion of a civil servant should be removed from it and added to Art. 41 of this Law.
The Code of Labor Laws of Ukraine, which provides approaches to defining the category of "change of essential conditions of work", which is related to the category of "change of essential conditions of public service", is given.
It is proposed to take as a basis the norms of the Labor Code of Ukraine and to amend the current legislation when developing normative legal acts that regulate the labor relations of certain categories of workers.