- •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 12. Work safety. Supervision and control for a keeping within the labour legislation in Ukraine
Methodical recommendations for independent work
A labour protection is a care about a man in the course of usage of his labour (protection of employee’s labour capacity). A capacity in labour law is actual basis of legal ability of natural person to be the participant of labour legal relationships. Capacity – its quality which gives to the worker an opportunity to perform the labour duties. Execution by employee his labour rights and duties is essentially legal form of realization of his capacity. On the other hand, relations in relation to a labour protection are an inalienable element of labour process organization that is the precondition of stable and successful labour activity of citizens.
Protection of labour and health care are priority directions of social policy of Ukraine. Law of Ukraine «On a labour protection» from October, 14, 1992 (as reworded by Law of Ukraine from November, 21, 2002) defines that a labour protection is the system of legal, socio-economic, organizationally-technical, sanitary-hygienic and medical preventive means and facilities, aimed to protection of life, health and capacity of man in the course of labour activity.
In legal literature a concept «labour protection» is examined in a wide and narrow sense. In a wide sense labour protection is actually a labour law in its entirety, because its norms take into account and protect mostly rights and interests of employees (as a system of all norms that are established to the benefit of workers). In the narrowly special sense a labour protection is the norms of institution of labour law that are contained in different sources of law. It necessary to bear in mind, that the institution of labour protection contains as the norms provided by the Constitution, CLL of Ukraine, Law of Ukraine «On a labour protection», so in subordinate legislation – regulations, rules, instructions, local acts (bylaws) and agreements on labour protection.
Different types of legal norms are presented in normative-legal acts (protective, regulatory, defensive, definitive and other). Pay attention that the feature of norms which compose the institution of labour protection is including to their content of requirements of technical nature.
The duty to provide safe and harmless labour conditions on a production is placed under employer. Financing of labour protection also should be exercised by an employer. An employee should not carry out any charges for implementation of labour protection measures.
Employee who lost labour capacity in consequence of an industrial accident or professional disease holds a position of employment and middle salary over a period of rehabilitation or until the recognizing of persistent or substantial disability or incapacity. Employee should be retrained for performance of new work in accordance with medical recommendations if it is necessary.
Start the consideration of organization of labour protection on an enterprise with the art. 13 of the Law of Ukraine «About a labour protection». This norm requires from an employer to create in the workplace in every structural subdivision labour conditions in accordance with normative-legal acts, and also to provide observation of legal requirements in relation to workers’ rights in the sphere of labour protection. Employer should provide the corporate labour protection management system.
An employer has a right to bring employee to disciplinary responsibility in case if he avoids attending of obligatory medical examination, and also must use temporary suspension from work without salary.
Labour protection briefing is the inalienable element of duties and powers of enterprise’s office holders regardless of pattern of ownership. Employees at the time of hire for job and in the process of work must take an instructing, teaching on issues relating to labour protection, delivery of primary care to accident victims, the rules of conduct in event of a industrial accident.
Persons, which did not take instructing and verification of knowledge on issues relating to a labour protection should not be admitted to work. In case of unsatisfactory knowledge on issues relating to labour protection workers must pass the repeated studies.
Employer must create on the enterprise the work safety service. On the manufacturing venture with an amount of employees less than 50 persons these functions can be executed pluralistically by correspondingly prepared persons. Work safety service submits directly to the head of the enterprise.
Students must find out rights and duties of an employer in relation to organization of labour protection. Also it is necessary to find out rights and duties of employees in relation to the observance of rules (norms) of labour protection.
The proper attention should be paid to the Regulation about the order of investigation and registering of accidents, professional diseases and production accident, approved by the regulation of Cabinet of Ministers from August, 21, 2001.
In the process of considering of compensation of the harm caused to employee as a result of injury to his health or in case of death students should take a look at Law of Ukraine «On obligatory state social insurance from an industrial accident and professional disease, which entailed the loss of labour capacity». According to the Law harm should be compensated by Fund of social security from industrial accidents and professional diseases. An employer can carry out additional payments to the victims and members of their families at own expense in accordance with a collective agreement or employment agreement.
A labour legislation establishes special rules for protection of labour of woman, minors, and persons with reduced working capacity. Students must carefully analyse these special rules.
State control over the observance of labour legislation promotes compliance with the norms and rules of labour protection by all participants of labour process. This control is represented in control-observant activity of the specially authorized organs and public servants. Note that related with the supervision and control over compliance with the legislation on labour relations are external with respect to labour legal relationships. Exception is only legal relationships related with a public inspection over observance of labour legislation, because its subjects are an employers and labour collectives (via chosen by them representatives).
It is necessary to differentiate state (including public prosecutor's, judicial) and public control.
According to the content of such activity in the field of labour should be distinguished:
1) general supervision and control are over observance of legislation about labour;
2) supervisions and control over a labour protection.
Pay attention that supervision is a legal form of exercising of protective function towards the observance of legality in labour legal relationships, compliance of employer’s actions to the rules of labour legislation.
Also it is necessary to take into account that control is the organizationally-administrative activity, which is performed by central executive public authorities in establishments and organizations which are under their functional submission, and also by trade unions and labour collectives.
Supervision over observance of labour legislation means the verification of legality of decisions and correctness of application of laws on labour. Supervision is the special law enforcement activity. Control as verification of employer’s actions should be performed from a perspective of compliance of these actions to the labour legislation and theirs expediency (practicability). The essence of control over the observance of legislation on labour is in verification of performance by employer of entrusted tasks and functions.
State supervision over the observance of legislative and other normative legal acts about labour and labour protection is carried out by:
State department of supervision over observance of legislation on labour (Derzhnaglyadpraci – is formed by Regulation of Cabinet of ministers from August, 30, 2000 № 1351; is a part of Ministry of social policy of Ukraine);
State committee of Ukraine for industrial safety, labour protection and mines inspectorate (Derzhgirpromnaglyad – is formed according to the regulation of the Cabinet of ministers from November, 23, 2006 № 1640);
State committee of the nuclear regulation of Ukraine;
State fire protection service;
bodies and establishments of sanitary and epidemiological service of Ministry of health Ukraine.
Primary role in providing of supervision and control over the observance of legislation on labour belongs to the Ministry of social policy. Particularly it carries out a integrated management of observance of labour legislation, of labour protection and state supervision over the observance of requirements of safety, occupational and productive environment health; provides development of social labour relations, protection of employees’ rights by means of establishment of corresponding standards of protection and conditions of labour and supervision over their observation by employers.
Plenary powers of associations, corporations, business concerns and other associations in the field of labour protection are determined by their regulations or agreements between enterprises, which formed an association.
Public control over the observance of legislation about labour and about labour protection should be carried out by trade unions, theirs associations represented by the elected bodies and representatives. In case of absence of trade union on the enterprise a public control over the observance of legislation about labour protection should be carried out by person authorized by the employees.
For violation of laws and other normative legal acts about labour and about labour protection, creation of obstacles in activity of public servants of state supervision over a labour protection bodies, and also representatives of trade unions, their organizations and associations guilty persons should be bring to the disciplinary, administrative, material, criminal responsibility prescribed by the current legislation of Ukraine.