The course syllabus Module і. General Part

Theme 1. Labour law as a field of Ukrainian law, its features and principles.

The notion of right to work. Constitutional grounds of the right to work. Prohibition of the forced labour. Equality of rights, prohibition of discrimination.

The notion and the object of Labour law. Features of object of Labour law. Labour relations of employees and social relations that closely related with them. Peculiarities of procedural relations in Labour law.

The method of legal control in labour law, its features. The sphere of action of labour law norms.

The role and functions of Labour law. The main directions of labour law development in modern Ukraine.

The system of labour law. The system of labour legislation. The object, method and the system of the science of Labour law.

A demarcation of Labour law and allied fields of law: civil law, administrative law, social security law, civil procedural law, corrective labour camp law.

The concept of sources of labour law. Classification of sources of labour law.

Labour normative legal acts action in time, in space and by the categories of employees

The unity and differentiation in labour relations legal regulation. General and special legislation about the labour law.

The system of sources of labour law. Constitution of Ukraine as the main source of Labour law. The sources of international legal regulation of labour. The labour code of Ukraine. The system of laws that regulate social labour relations. Subordinate legislation that regulates employee’s labour. Resolutions and directions of The Cabinet of Ministers of Ukraine in the sphere of labour. Normative acts of The Ministry of labour and social relations of Ukraine. Social participation acts. Contracts, collective (bargaining) agreements. Other normative legal acts.

The role of Constitutional court decisions and the meaning of the Plenum of the Supreme Court of Ukraine explanations in the labour law application.

A reform of the labour legislation. The project of new Labour code of Ukraine.

The concept and meaning of labour law principles. Implementation of international labour law principles to the labour law of Ukraine. System of main principles of labour law. General characteristics of the main principles of labour law of Ukraine.

Theme 2. Labour legal relations. Subjects of labour law and theirs legal status.

General characteristic of labour legal relations. The concept of labour legal relation and its features. Differences between the labour legal relations and allied legal relations.

Subjects of labour legal relations. Individual and collective labour relations. A content of labour legal relations, main rights and duties of theirs subjects.

The grounds for labour legal relations arising, changing and termination. Labour legal relations in cases of disciplinary and material liability (liability for damages).

Legal relations that closely connected with labour ones. Relations that took place at a time of employment and job placement. Relations f social participation.

The concept and kinds of subjects of Labour law. Legal status of labour law subjects. Labour capacity, rights and duties, guarantees of fulfilment of labour rights and duties, responsibility of labour law subjects.

Natural persons (employees) as subjects of labour law). Special legal personality and special capacity for work.

Employers as subjects of labour law. The concept of employer. The content of labour legal personality. The correlation between concepts an «owner of an enterprise» and a «plant management».

Work collective (staff) of an organisation as a subject of Labour law. The concept, types and legal status of work collectives. Main rights of staff, their classification according to the sphere of appliance, kinds of labour, the level of the organized labour. Legal forms of carrying out the authority and self-government of the staff.

Legal status of a team staff. Bodies of a work collective (general meeting, council of a work collective) and their competence. Principles of staff activities.

Trade unions and other representative bodies of a work collective as the subjects of Labour law. The concept of trade union, their tasks and functions. Legal base of trade unions activities. Legislation about rights and guarantees of trade unions activities.

General characteristic of trade union’s legal status in the sphere of labour. Its main rights and their classification. Legal status of trade unions’ bodies. Protective function of trade unions. Trade unions’ role in setting up, changing and discharging of an employment agreement. Trade unions’ rights in employees’ rights protection, in establishment of working conditions, wage and working time regulation, in control by the labour protection legislation and collective labour agreements following with.

Guarantees of trade unions’ activities. Trade unions’ rights protection and liability for its violation (infringement). Liability of trade unions.

Other subjects of Labour law. State employment office. Control authorities. Individual and collective disputes’ solve authorities. Bodies of employers’ organisations.

Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and USA.

Concept of international labour law, historical pre-conditions of its origin and development. Aim, task, functions and principles of international labour law.

Subjects of international labour law and peculiarities of their legal status. Worldwide and European organizations authorised to accept international legal acts.

Notion of the international legal regulation of labour and methods of influence of international norms on a national labour legislation. Universal and regional sources of the international legal regulaion: classification and general description.

Declarations of UNO in the field of providing of labour human rights (UNO, 1966), Declaration of millennium (UNO, 2000).

Aim of creation of International labour organization (ILO), its basic tasks, structure and competence. Regulations of ILO. Annual conferences of ILO. Board of administration. International Bureau of labour (IBL) and its departments. Committees of International Bureau of labour. Publishing activity of IBL.

Forms of legal acts which are accepted by ILO. The procedure of acceptance of conventions and recommendations. Ratification of conventions by the states-members of ILO. Sphere of application of conventions of ILO. General description of conventions and recommendations of ILO on questions of fundamental human rights, social policy, employment, regulation of questions of labour, collective labour relations, terms of labour, labour of women, children and teenagers, people of advanced years. Declaration of ILO on fundamental principles and rights in the field of labour 1998: content and significance.

The European international acts related to defence of social human rights. Acts of CE and European Union. European social charter (CE, 1961, 1996). Charter of basic rights of European Union (EU, 2000).

Legal regulation of Labour in the USA.

Bilateral agreements of Ukraine are with other states about employment and social defence of workers.

Influence of international and European labour law on the development of labour law in Ukraine. Means of implementation of international labour norms into the Labour Law of Ukraine.

Theme 4. Legal foundations of social partnership. Collective (bargaining) agreements.

The concept and parties to a collective labour contract, agreement. The sphere of activity of a collective contracts and agreements. The principles of drafting and conclusion of collective labour contracts and agreements. Social and legal significance of collective labour contract, agreement.

The concept of collective labour contract. Parties to a collective labour contract. The procedure of collective labour contract drafting, conclusion and alteration. Term of validity of collective labour contract.

The content of collective labour contract. Types of provisions of a collective labour contracts (normative, obligatory etc.). The structure of a collective labour contract. Legal significance of the appendixes of a collective labour contract. Compliance with the collective labour contract, control for the compliance with its provisions.

The concept, types and parties of social partnership agreements. The procedure of collective bargaining on conclusion and alteration of collective agreements. Term of their validity. The structure and content of collective labour agreements. The control on the compliance with the collective labour agreements.

A correlation between labour legislation and collective labour agreements (contracts) provisions. Settlement of disputes between the parties to a collective labour contract (agreement). Liability for the violation of the legislation about collective labour contracts and agreements.

Theme 5. Legal regulation of employment and of a job placement.

Legislation about population employment. The Law of Ukraine «On population employment» adopted on 1 March 1991 with the following amendments. The concept of employment. Forms of employment. The main principles of state politics in the sphere of employment and job placement.

The legal status of an unemployed person. The concept of an unemployed and a suitable job. The citizens’ right on employment and job placement ensuring.

Legal regulation of employees’ dismissal and of a job placement. The order of employees’ dismissal.

The concept and kinds of a job placement. Legal organization of a job placement. The order of citizens’ job placement (employment). Employment bodies (officials). State employments office, its rights and duties. State guarantees against population unemployment. Employments stages. Peculiarities of employment of certain categories of citizens (youth, handicapped persons etc).

Social guarantees to the citizens in the sphere of a job placement. The order of registration of unemployed persons. Vocational training, further training and retraining of unemployed citizens. Assistance in employment of citizens who need in social care. Kinds of unemployment benefit. The concept of public works. Legal significance of paid public works.

Legislation on population employment following control authorities.

Theme 6. The concept of employment agreement and the procedure hiring. Peculiarities of conclusion of certain types of employment agreements.

The concept and significance of the employment agreement. The difference between the employment agreement and similar civil contracts (contract of work and labour, contract for services). Parties to an employment agreement.

Content of an employment agreement. Conditions of an employment agreement and their legal meaning. Working conditions provided by the legislation. Contractual stipulations (conditions). Necessary and additional (facultative) conditions. The concept of a labour function and a place of employment.

The order of an employment agreement concluding. Legal guaranties when concluding of an employment agreement. The form of an employment agreement. Documents that should be exhibit (given) when concluding of an employment agreement. Registration of an employment agreement between an employee and a physical body.

Probationary period by employment. Restrictions of joint labour for relatives in one enterprise, establishment, organisation. Legalization of a job placement. Employment records book.

Types of employment agreements: by a period of validity, by content, by order of conclusion. Peculiarities of certain types of employment agreement conclusion. Employment agreements of limited duration. Types of employment agreements of limited duration. Employment «contract» as a type of employment agreements. Content of a labour «contract». An employment contract about holding of more than one office (professions). Combining jobs. Employment agreements that are concluded at a time of organized hiring of labour. Employment agreements with foreigners. Employment agreements that are concluded with the employees selected from among other candidates (competitioners). Employment agreements with outworkers (persons who work at home). Other types of employment agreements.

Theme 7. An alteration of an employment agreement and its dissolution.

The concept of transfer to another position (job). The difference between the transfer to another position (job) and transfer to another work position. Kinds of transfer to another position (job). Temporary transfer to another position that does not prescribed by the employment agreement. Situations when temporary transfer to another position is allowed.

Change of essential working conditions. Grounds and order of essential working conditions change.

Employee’s formal evaluation. The concept, meaning and order of employee’s formal evaluation fulfilment. Legal consequences of employee’s formal evaluation.

The grounds for the dissolution (termination) of employment agreement. Dissolution of employment agreement on the initiative of the employee. Dismissal. Additional ground for dismissal of specific categories of employees.

Dissolution of employment agreement after demand of electoral trade union body.

Legal regulation of temporary suspension. The concept of temporary suspension and cases when it is allowed. A difference between dismissal and temporary suspension.

The order of employment agreement dissolution. Priority right for retention of job in case of personnel reduction. Prior consent of the primary trade union body for dismissal of employee.

Documentation of employment agreement dissolution. Final payment. Labour book. Dismissal wage.

Legal consequences of unlawful dismissal.