- •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
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.