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The Labour Law of Ukraine.doc
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Introduction

Labour law is one of the fundamental fields of law, because in area of application of labour important interests of different social classes, state, public and private interests are interlaced. Public peace and feeling of the mutual understanding between the subjects of labour legal relationships are largely depending from the methods of legal regulation of labour. It is a sphere the most number of members of society is involved in which. And that is why it deserves especially intent attention of both the state and lawyers, and also and direct participants of labour relations. It especially topically in the conditions of establishing of market relations in Ukraine, rising of significance of contractual principles in labour relations regulation, the role of collective agreements grew. It is obvious the necessity of realization of extreme reform of labour legislation.

New social relations require highly skilled specialists which will be able to take participating in regulation of social labour relations in new terms. The course the «Labour law» is one of directions of realization of assigned tasks. In the course of studying this field of law students should acquaint themselves with the basic principles of individual and collective labour law, to analyse legal source base, consider legal situations.

Ukrainian labour law evolved during the Soviet era from civil law as a result of shifting views on the role of labour in society. Although after Ukraine’s independence, it underwent numerous changes to make it more oriented on market economy. But it remains highly biased in favour of employees and is frequently rigidly enforced against employers by Ukrainian authorities. However, the complexity and bias of Ukrainian labour law can be managed through a thorough knowledge of its provisions and the pitfalls it holds for unwary employers, combined with careful compliance with its requirements.

The term «Labour law» can be used, as known, in three meanings: firstly, as the field of national law of Ukraine; secondly, as science; thirdly, as educational course in the system of legal education.

As a field of law a labour law is the system of legal norms that regulate the aggregate of social relations between employees and employers, and also other relations that appear from labour or closely related to them and establishes rights and duties in the sphere of labour on different enterprises and organizations regardless of pattern of ownership and also responsibility in case of violation of these rights and duties.

A labour law as a science is the system of objective knowledge about notion, development, regularities and principles of the independent field of law.

The subject of labour law as course of study is the system of the knowledge that got science of labour law and practice of Labour law realization. This course of study is obligatory in the Poltava University of Economics and Trade for students whose major are different areas of economic activity.

The aim of studying the «Labour law» in providing of digestion by the students of programmatic provisions of course, normative legal base of course, legal terminology, and also – forming of practical skills of labour law application.

The tasks of the course is to learn basic principles and institutions of labour law, directions of the legal regulation of labour relations, acquisition of skills of work with legal acts, ability to solve practical questions and situations in the field of the legal regulation of labour legal relationships.

Students must know:

  • the substantive provisions of Constitution of Ukraine, of the Code of Laws on Labour of Ukraine, of Constitutional Court of Ukraine decisions, recommendations of Plenum of Supreme Court of Ukraine on problems of labour legislation application, situations in judicial practice;

  • object, method and system of labour law, its basic institutions;

  • sphere of action of labour legislation;

  • basic directions of development of labour legislation in the conditions of market economy;

Students should be able:

  • to determine correctly nature and content of labour legal relations;

  • to interpret legally correctly and to apply legal norms in the sphere of labour;

  • to solve reasonably problems in application of labour legal norms in practice;

  • to draw up legal documents in the sphere of labour relations;

  • to analyse the tendencies of legal practice and estimate them from the point of view of compliance with the labour legislation.

The final assessment of knowledge and abilities of students performs on the basis of two modular controls.

The structure of course includes for two substantive modules.

First substantive module – General part includes themes that contain educational material in relation to substantive provisions in the field of labour regulation. It is norms that determine a subject matter, method, sources, principles of labour law; providing of employment and job placement; collective-contractual regulation of labour and others like that.

Second substantive module – Special part of labour law as course of study contains material about norms and institutions that regulate separate elements of labour relations, and also relations closely related to labour: employment agreement; work hours and rest time; remuneration of labour; disciplinary and material responsibility according to the labour law; protection of labour; labour disputes; supervision and control for a keeping within the Labour legislation in Ukraine.

The offered training and methodological manual for independent learning the course Labour Law in compliance with the credit-modular system of educational process organization is prepared for students whose major are Management of Foreign Economic Activities (6.030601.).

Students should study course «Labour Law» on the ground of basic legal knowledge that they have got due do mastering such courses as «The Fundamentals of Law», «Co-operative Law» and other legal courses.

The offered training and methodological manual is prepared for the facilitation of work with educational material and most rational organization of independent work. It contains the program and thematic plan of course, methodical recommendations to every theme (instructions, advices for logical consideration of items; educational-cognitive tasks for student’s self preparation to the seminars and individual assignments under the teacher’s direction, questions for the independent studying, situational tasks (cases), themes for abstracts; tasks for self-control of knowledge; list of the recommended sources and literature), individual assignments for independent work and methodical recommendations for their performance, the procedure and criteria of assessment of knowledge, list of questions to intermediate (module) and final control.

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