- •6.030601. – Management of Foreign Economic Activities
- •Навчально-методичний посібник
- •6.030601.A – Менеджмент зовнішньоекономічної діяльності
- •Table of contents
- •Module 1. General part
- •Module 2. Special part
- •Individual assignments for independent work
- •Introduction
- •II. Thematic plan of the course
- •The course syllabus Module і. General Part
- •Module іі. Special Part
- •Tasks for self preparation:
- •Method of legal control of labour law is (are):
- •Source(s) of labour law is (are):
- •Function(s) of labour law is (are):
- •Literature
- •Theme 2. Labour legal relations. Subjects of labour law and theirs legal status
- •Tasks for self preparation:
- •The subject of labour law is (are):
- •Content of labour legal relation includes:
- •General citizen’s labour legal capacity becomes:
- •Literatre:
- •Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and in the usa
- •What directions of entering of international legal norms to the labour law of Ukraine:
- •What rules are used, if an international agreement, in which Ukraine participates, other rules are set, than those, that they are contained by the legislation of Ukraine about labour:
- •Are the confessedly principles and norms of international law, international agreements of Ukraine the part of national legislation of Ukraine, in accordance with Constitution of Ukraine?
- •Literature
- •Theme 4. Legal foundations of social partnership. Collective (bargaining) agreement
- •Tasks for self preparation:
- •Collective labour contract is:
- •Collective labour agreement should be applied to:
- •Collective labour agreement is operative:
- •Literature
- •Theme 5. Legal regulation of employment and of a job placement
- •Tasks for self preparation:
- •Unemployment benefit should be paid to a citizen who is finding job at first time during such period:
- •For what period unemployment benefit payment may be stopped in case if a citizen declines two propositions of suitable job:
- •Сollective agreement spreads its action:
- •Literature
- •Theme 6. The concept of employment agreement and the procedure of hiring. Peculiarities of conclusion of certain types of employment agreements
- •Tasks for self preparation:
- •Content of employement agreement is (are):
- •What documents should citizen produce (show) to conclude an employement agreement:
- •Maximum duration of a trial work period that is prescribed by law is:
- •Literature
- •Theme 7. An alteration of an employment agreement and its dissolution
- •Tasks for self preparation:
- •Employee should be informed about changing of substantial working conditions not later then:
- •An employee is dismissed from employment after:
- •What reasons can be the ground for labour agreement termination if an employee is not fit for the occupied position:
- •Literature Use the same literature as to the theme 6 Module 2. Special part
- •Tasks for self preparation:
- •Normal duration of work time is:
- •During work in a night-time normal duration of work (shift) shortens for:
- •Duration of weekly continuous rest must be:
- •Literature
- •Theme 9. Remuneration of labour
- •Tasks for self preparation:
- •The system of remuneration of labour when wage is paid for the end result of works is called:
- •A salary must be paid:
- •Payment of secondary employment work is performed:
- •Literature
- •Theme 10. A labour routine and labour discipline. Disciplinary liability
- •Tasks for self preparation:
- •Disciplinary penalty can be applied to an employee during such term:
- •Such of listed items point on disciplinary penalties:
- •Information about penalty, applied to an employee (except disciplinary dismissal) should be recordered to the labour book of the employee:
- •Literature
- •Theme 11. Material responsibility of the parties to an employment agreement
- •Tasks for self preparation:
- •What type of responsibility can be applied to employees involved in the production of precious metals in case of stealing:
- •What type of responsibility should be applied to an employee in case of damage to property of enterprise by inebriated employee:
- •The written contracts about material responsibility with employees can be concluded with employees who attained the age:
- •Literature
- •Theme 12. Work safety. Supervision and control for a keeping within the labour legislation in Ukraine
- •Tasks for self preparation:
- •Who does carry out a public control over compliance with the legislation about a labour protection?
- •An employer must create work safety service at the enterprise with the employment size:
- •Who is under the obligation to create the safe and healthy terms of labour on enterprises, in establishments, organizations?
- •Literature
- •Theme 13. Individual and collective labour disputes
- •Tasks for self preparation:
- •An employee has right to appeal to labour disputes commission:
- •An employee dismissed by employer can go with a lawsuit to the court:
- •What bodies should adjudicate individual labour disputes?
- •Literature
- •Individual assignments for independent work and methodological recommendations to fulfil them
- •The recommended themes of scientific abstracts are: Module 1. General Part
- •Module 2. Special Part
- •The card of independent work
- •The estimation procedure and criteria of students’ knowledge estimation
- •The distribution of points received by students by the results of course studying
- •Criteria for estimation of students’ educational achievements
- •The system of point calculation under the types of educational work
- •System of granting additional points under the types of works
- •Estimation of a knowledge level whilst controlling current coping with the curriculum
- •The intermediate control of students’ knowledge
- •The list of questions for the modular control work Module 1. General Part
- •Module 2. Special Part
- •The example of task construction for modular control
- •The general final knowledge estimation
- •The scale of final points calculation
- •Glossary
Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and in the usa
Methodical recommendations for independent work
Students should learn that international legal regulation of labour it is established by international treaties (acts) system of standards relatively to the labour regulation that countries which ratified this treaties should follow in national labour legislation. If international treaty of agreement which is ratified by Ukraine established another rule than in any act of national labour legislation (excepting Constitution) should be used the rule prescribed by international treaty of agreement (article 8 of Labour Code).
It is necessary to consider the ways of influence of international norms on the national legislation: direct application of international acts after theirs ratification; including of international norms to the national laws; enforcement of provisions of international treaties by means of national legislations.
Subjects of international legal regulation of labour are UN and its special body International Labour Organisation (ILO). Also legal international regulation of labour can be executed by different association of states such as Council of Europe (CE), European Union (EU) etc.
The ILO was created in 1919. There are 174 countries are the members of ILO at present. Ukraine is the member of ILO since the 1954. The highest body of ILO is International labour conference which is annually convoked. It consists of representatives of ILO member countries. Every state represented by 4 delegates: two are government’s representatives, one – from employers and one – from employees. General international conference should be convoked at least once a year. It has right to assign tasks and directions of activities of the ILO, alteration of Constitution of ILO; admitting new countries to the ILO, adopting of international conventions and recommendations, supervising over enforcement of ratified conventions and recommendations by states-members.
Executive body of the ILO is Governing Body which consists of representatives of three parties. Governing Body is elected by the international labour conference and consists of 56 persons: 28 delegates from governments, 14 – delegates from employers and 14 – delegates from employees. Governing Body appoints Director General of International Labour Office.
International Labour Office performs a function of a secretariat, it is not the subject of international legal regulation of labour but it prepares conventions and recommendations of the ILO and supervises over its enforcement.
Thus, the main principle of the ILO activities is tripartism. According to this principle formation of almost all bodies of the ILO based on the ground of tripartite representation: representatives from government, employees’ representatives and employers’ representatives.
According to the ILO Constitution one of the main fields of its actions is rule-making in other words setting of international labour standards. ILO adopted many conventions and recommendations. Students should find out the difference between the conventions and recommendations. Convention gets the status of multilateral international agreement after its ratification at least by two ILO member countries. Since that moment this document imposes certain duties upon all countries not only those that ratified convention but also upon those states that didn’t. For certain ILO member state convention becomes legally obligatory only after its ratification by the highest body of the state government (conventions include rules and procedure of their denouncement).
In case of ratification of convention state have to adopt legal or other acts for its implementation into real life and must regularly report to the ILO about measures assumed for efficient application of ratified convention (every 2-4 years). If convention doesn’t ratified state anyway obliged to inform on demand Governing Body about condition of national legislation and practice relatively to such convention and means that will be provided to implement such convention. At this time Ukraine ratified 57 ILO conventions (among 188).
Recommendations are not international agreement and should not be ratified. They are meant for willful appliance in national legislation of ILO member state.
Besides of ILO international provisions in sphere of labour are adopted by other international organizations. Especially significant is Universal Declaration of Human Rights adopted by UN on December 10, 1948, International Covenants on human rights, approve by the United Nations General Assembly in 1966. In 1990 UN adopted International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which pays great attention to the labour rights of migrants.
In Europe are spread such sources of international regulation of labour as acts of Council of Europe and European Union. According to its Statute the Council of Europe adopted more than 150 conventions, charters, agreements and protocols to them that involved in international legal regulation of labour. Among them is European social charter (1961, revised in 1996). Ukraine ratified this document in 1996 and in 1999 Ukraine ratified its revised version.
On June 11, 1998 by presidential edict was approved the Strategy of Ukraine’s integration into European Union that provides the necessity of adaptation of Ukrainian legislation with the legislation of European Union and its step by step harmonization (adjustment) with the European standards. By Law of Ukraine dated March 18, 2004 was approved the Nation-wide program of Ukrainian legislation adaptation to the legislation of European Union. It determines the mechanism of achievement by Ukraine compliance to some of requirements for obtaining the status of member of European Union. This mechanism includes legislation adjustment, necessary institutions establishing and other means necessary for effective law-making and law-enforcement. Adjustment of Ukrainian legislation to the legislation of European Union is the higher priority component for integration into EU process.
Basic level:
1. Compose the glossary of main legal terms to the topic relying on the list of terms below.
Main terms: international legal regulation of labur; International Labour Organisation; international agreement; ratification; ILO convention; ILO recommendation; integration; adaptation; implementation.
2. Familiarize oneself with prescribed list of literature and summarize the information, write down the abstract from this topic to your notebook.
Questions for self preparation:
The concept of international legal regulation of labour and its subjects.
The International Labour Organization, its structure and main directions of activities.
Conventions and recommendations of The International Labour Organization.
European regional standards of labour (acts of CE and European Union).
Labour rights of Ukrainian citizens abroad. Labour rights of foreigners in Ukraine.
High level
1. To prepare report on one of prescribed topics and prepare to its defending.
Topics for reports:
European Council as the subject of international legal regulation of labour.
European social charter – source of social standards in the sphere of labour.
International Labour Organization, its function and standard-setting activity.
2. Create structural and logical scheme «Sources of international legal regulation of labour».
Tests for self-check: