- •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 9. Remuneration of labour
Methodical recommendations for independent work
Studying of this theme is recommended to begin with the mastering of the legal base of remuneration of labour regulation. Specified relations are regulated by the Law of Ukraine «On remuneration of labour» from March, 24,1995 (with changes and amendments), CLL – by the chapters ІІ, VІ, VІІ, VІІІ, by Law of Ukraine «On collective contracts and agreements» from July, 1, 1993, General agreements between Cabinet of Ministers of Ukraine, Confederation of employers of Ukraine and allukrainian trade unions of Ukraine on a corresponding year, and also by other numerous legal acts, collective agreements and local regulation of certain enterprises.
Note, that listed legal acts regulate remuneration of labour only of the hired employees who work under the terms of labour agreement. These acts should not be applied to reward for work of owners and co-owners of economic companies and of their members, to the private entrepreneurs. Their reward is an income (profit) that is distributed between joint owners on the basis of regulations or foundation agreement.
According to the article 1 of The Law of Ukraine «On remuneration of labour»: a «salary or wages is a reward calculated, as a rule, monetary, which in accordance with labour agreement owner or body authorised by him pays to an employee for performed work.
A wage rate depends on complexity and conditions of work, employees’ qualification, results of his labour and economic activity of enterprise».
In accordance with art. 94 of CLL a salary should not be limited by maximal size.
The structure of salary it is better to master in such sequence:
1) base wage;
2) additional wage;
3) other payments of a compensation and stimulation character.
Base wage is a fee for performed work in accordance with the set worktime standards (rate of time, performance rate) and position obligations, id est as a tariff rate (salary), piece-rate rates for workers or post salaries for office workers.
An additional wage is a fee for labour over the set rates, for labour successes and ingenuity and for the special labour conditions. It includes additional charges, uplifts, warranty and compensative payments envisaged by a current legislation; bonuses related to implementation of productive tasks and functions.
Other payments of a compensation and stimulation character include a reward on results of annual work, bonuses according to the special systems and regulations, compensative and other cash and material payments that are not envisaged by the current legislation or which applied over the rates provided by these acts.
It is necessary to distinguish a wage from contractual payments set by civil legal agreements. Main difference is that payment according to the labour agreement: а) should be paid systematically for performed work (by civil agreement – non-permanent); б) is divided into main and additional parts (uplift, additional charges, bonuses and others like that); в) has minimal size set by the state.
It’s necessary to pay proper attention to the minimal wages. The minimum wages (the minimum amount of remuneration of labour) is the amount of monthly wages guaranteed by the law for labour of an unqualified employee, who has completely worked out working time rate while performing simple work under normal labour conditions.
A minimum wages should be set in a size that not less than minimum income level for survival for one capable to work person and it the state social guarantee that is compulsory over the whole territory of Ukraine for enterprises of all patterns of ownership. The size of minimal wages should be established by the Supreme Council of Ukraine on a submission from The Cabinet of Ministers of Ukraine as a rule, annually during the approval of a State budget of Ukraine. The size of minimum wages is revise upwards depending on the increase of prices on consumer goods and tariffs on services according to the agreement of parties of collective negotiations.
New laws, adopted in 2009 contain norms which regulate not only monthly but also hourly level of the minimal wage.
On the basis of Law students should examine the spheres of public and contractual regulation of remuneration of labour (chapters ІІ and ІІІ of The Law of Ukraine «On remuneration of labour»).
It is necessary to find out what is the organization of remuneration of labour on enterprises. Organization of remuneration of labour is a large and difficult mechanism that consists of the amount of elements. A basic element is the tariff system which is used for distribution of works depending on their complexity, and employees – depending of their qualification and according to the skill categories of tariff scale. It is basis for wage rates forming and differentiation. Students must expose the significance of the tariff system and its elements.
Further it is necessary to consider the systems of remuneration of labour: remuneration for timework, piece-rate and others (art. 97 of CLL).
According to the remuneration for timework system labour of workers is paid in accordance with flat monthly, daily or hourly tariff rates (salaries) in accordance with actually hours worked. The remuneration for timework system can be hourly, daily, monthly.
While consideration of the piece-rate system of remuneration of labour it’s necessary to know that at this system of remuneration of labour earnings are calculated for the executed amount of work, manufactured production in accordance with the piece-rate rates calculated according to the established tariff rates and performance rate or rate of time (according to the piece-rate rates in accordance with the amount of manufactured production or executed labour operations). This system is applied, as a rule, to the workers. At the piece-rate system labour of workers is paid for every unit of the executed work on piece-rate rates. A piece-rate rate is a size of payment for unit of manufactured production or for execution of certain operation of the proper quality. Students should consider the types of the piece-rate system of remuneration of labour: direct piece-rate system, progressive piece rate wage system, lump-sum piece-rate system and indirect piece-rate system.
Remuneration for timework system and piece-rate system can be complemented by the merit (bonus) pay system of remuneration of labour. This system envisages the payment of bonus over a base wage (calculated on the basis of the timework system or piece-rate system of remuneration of labour) at the achievement of the previously established performance rates.
Note that tariff rates and wage rates are rated for normal conditions of labour. Remuneration of labour in case of deviation from the normal labour conditions characterised by certain peculiarities. To such deviations belong: 1) execution of works of different qualifications (art. 104 of CLL of Ukraine); 2) combinations of professions (posts) (art. 105 of CLL of Ukraine); 3) overworks (art. 106 of CLL); 4) work non-working days (art. 107 of CLL); 5) night work (art. 108 of CLL); 6) manufacturing of defective products (art. 112 of CLL); 7) non-fulfillment of performance rates (art. 111 of CLL); 8) work in a day off (art. 72 of CLL); 9) payment of downtime, and also during mastery of new production (art. 113 of CLL of Ukraine) and in other cases prescribed by legislation.
Students must define the legal nature of guarantees and compensatory payments. For this purpose it is necessary to master terms of chapter VІІІ «Guarantees and compensations» of CLL of Ukraine, corresponding articles of the Law of Ukraine «On remuneration of labour».
Students also must learn legislative norms that aimed on guard of wages or salary, namely they must consider the norms of legislation about on-time wage payment, about prohibition of limitation of worker to dispose freely of the salary, limitation of the deductions from wages, about protection of workers’ rights in case of bankruptcy of enterprise and others.
Plan of the lecture:
The concept of remuneration of labour and methods of its legal regulation. The difference between wage (salaries) and contractual payments, payments of compensation and stimulation character. The structure of wage.
Legal regulation of remuneration of labour. Wage establishing and Procedure, place and terms of paying wages.
Tariff system of remuneration of labour.