- •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 5. Legal regulation of employment and of a job placement
Methodical recommendations for independent work
Examining a question in relation to a legislation about employment and basic principles of public policy in the field of employment of population, it is necessary to realize that a right to of people work and protecting from unemployment is set by international legal acts. An important role in the legal regulation of employment of population is played by conventions and recommendations of ILO, that set international standards in the field of employment of population and job placement.
While studying the item students should pay attention to normatively-legal regulation of employment in Ukraine. Memorize that employment of persons which terminated labour relations from the grounds, prescribed by The KWL, in case of impossibility of their independent employment provided in accordance with Constitution of Ukraine, KWL, Law of Ukraine «On employment of population» from March, 1 in 1991, Law of Ukraine «On obligatory state social security in case of unemployment» from March, 2 of 2000 р and other legislative acts of Ukraine.
The knowledge of previous theme gives an opportunity to study social partner agreements and collective agreements that also set norms providing employment of the idle men.
Basic principles of public policy in the field of employment of population need to be examined as state guarantees of right to choose profession and type of activity, provided by the Law of Ukraine «On employment of population».
State guarantees for employable population require the proper attention and consideration and usage in practical labour activity. Among them are such:
voluntarily of labour, choice or change of profession and type of activity;
protecting from a groundless refuse in a hire for job and illegal removal, and also assistance in preservation of job;
a free assistance in selection of suitable work and employment in accordance with calling, capabilities, professional preparation, education, taking into account public necessities, with all accessible means including a professional orientation and retraining;
indemnification of material expenses caused by job placement to other locality;
payment of discharge pay to employees who lost permanent work on enterprises, in establishments and organizations, in cases and on the terms prescribed by active legislation;
free training of unemployed persons to new professions, retraining in educational establishments or in the system of state employment service with a payment of material help;
payment to unemployed persons in accordance with established procedure dole (unemployment assistance), material aid to their family members;
inclusion to the general pensionable service and to the uninterrupted service periods of retraining and training to new professions, periods of participating in the paid social works, periods of drawing allowance and material dole on unemployment;
provision of employment in accordance with a specialization in for a period not less than three years to the young specialists – graduating students of state educational establishments, on enterprises, establishments, organizations that filed applications.
For the mastering of material of the first item of this theme will assist consideration of such concepts as reservation, quota of workplaces, reduction of quantity or state of workers, refuse in employment to citizens within the limits of the set armour and responsibility of employers.
Employment is the activity of citizens, related with the satisfaction of the personal and public needs, that brings them profit in money or other form, that is prescribed in the article 1 of The Law of Ukraine «On employment of population». This definition points on actual fulfilment of the right to work without any compulsion, as unemployment cannot be the ground for legal responsibility.
You should know what categories of physical bodies that live on the territory of the state on the legal grounds belong to employed population. Students should find out exactly different categories of employed population (employees, self-employed population etc.).
Employment means actual realization of right to work; citizens should realize their right to work by the different forms of employment. A term «employed» is considerably wider than term «employer», as the employment on the terms of labour agreement is only one of the forms of employment.
Next to the term «employed population» legislation defines a concept of unemployed person, and legal status of such persons. Legal status of unemployed person includes basic rights and duties and their guarantees. It is necessary to know what persons can be referred as unemployed:
only capable of working by age and by the state of health persons, which do not have job and earnings, other legally provided profits;
registered in state employment agency as persons, that look for a job;
ready and able to enter upon suitable work.
At the same time current legislation of Ukraine classifies the categories of citizens, which cannot be recognized as unemployed persons:
persons under the age of 16, with the except for those who worked and were dismissed in connection with changes in organization of production and labour, by reorganization, conversion and liquidation of enterprise, establishment and organization or reduction of personnel;
persons which look for a job at first and does not have a profession (specialities), including graduating students of comprehensive schools in case of their refusal to undertake a vocational training or from the paid work, including temporal work, that does not require professional training;
persons which gave up (withdrawal of offer) two suggestions of suitable work from the moment of registration of them at state employment service as persons which look for a job;
persons which have a right on a pension in accordance with the legislation of Ukraine.
In case of absence of suitable work the decision about a granting to the citizens of status of unemployed persons should be accepted by state employment service after their personal statements from the eighth day after registration in the employment centre domiciliary as such, that look for a job.
Registration of citizens should be performed at the submission of passport and labour book, and in case of necessity – military service record card, document confirming education or documents that replace them.
It is necessary to memorize that the order of registration, re-registering and registering of citizens, who look for a job, and unemployed persons by the state employment service is regulated by the articles 28-30 of The Law of Ukraine «About employment of population» and it is provided by The Cabinet of Ministers of Ukraine («Regulations on the order of registration, re-registering and registering of citizens, which look for a job, and unemployed persons, payments of dole, and also terms of grant of material help in the period of professional preparation and retraining», approved by the decision of Cabinet of Ministers of Ukraine from April, 27 in 1998 № 578).
For the persons registered in State employment service, during seven calendar days from the moment of registration should be selected.
Concept of «suitable work» for the different categories of persons, which apply to employment service of employment, is not uniquely defined. Its legislative settlement takes place in accordance to the article 7 of The Law of Ukraine «About employment of population».
It is necessary to take into account that the concept of job placement is narrower, than concept of employment. Job placement is preceded to employment and is a major guarantee of employment. It is necessary to distinguish job placement in the wide and narrow understanding.
Practical help in citizens’ job placement is given by the State employment service. Students should know the structure of SES, constituent elements of which are the State employment center; Republican (АKR) center of employment; regional, district, inter-district, municipal and district in cities centers of employment. Point your attention that except these organs SES includes also: centers of vocational orientation; educational establishments of professional training of unoccupied population; information-calculating centers; territorial and specialized bureaus of employment; centers of labour rehabilitation of population.
It is also necessary to consider an item about the peculiarities of separate categories of citizens employment. To find out the peculiarities of job placement of invalids, it is necessary to study the Law of Ukraine from March, 21, 1991 «About bases of social security of invalids in Ukraine», and also to learn the Regulation about the workplace of invalid and about the procedure of invalids’ job placement, approved by the decision of Cabinet of Ministers of Ukraine № 314from May, 3 1995.
Employment assistance for graduates of higher educational establishments is conducted in accordance with the Order of job placement of graduates of higher educational establishments, which training was performed in accordance with the government order. This order is approved by the decision of Cabinet of Ministers of Ukraine № 992from Augusts, 22, 1996. Also you should acquaint yourself with the Regulation on assistance in employment of graduates of state higher educational establishments and professional educational-educator establishments of Ukraine, approved by the order of Ministry of education of Ukraine №79 from March, 23, 1994.
Assistance in employment of the workers, dismissed from enterprises, establishments, organizations comes true in accordance with the article 49-2 CLL. Special guarantees for the employees which lost job in connection with changes in organization of production and labour, provided by article 26 of The Law of Ukraine «About employment of population».
Persons, who lost job in collective agricultural enterprises including dismissal in connection with changes in organization of production and labour, should show an official document about an exit from an agricultural enterprise, company.
It is also necessary to consider the peculiarities of job placement of some other categories of citizens (persons, discharged from prison, dismissed from military service or alternative service and some others).
Plan of the lecture:
Legal regulation of employment in Ukraine. State guarantees of one’s right to choose kind of employment in Ukraine.
The concept of employment (job placement) and its legal forms.
The State employment office, its rights and duties. Legal relations between bodies of the State employment office and enterprises (employers).