Module іі. Special Part

Theme 8. Legal regulation of work time and rest time.

The concept of work time (labour hours, work hours) and meaning of its legal regulation. Guarantees concerning work time.

The concept and types of work week, work day and work shift

Types of work time. Regular hours (normal duration of work time). Shortened work time. Part-time work.

The concept of working pattern, the order of its establishing. Five-day working week and six-day working week, duration of work time. The beginning and the end of a work day. Shift work.

Special regime of work time legal regulation. Duration of work time on a day before holidays and at night. Working day without fixed working hours (open-ended working day, non-standard work day, irregular working hours).

The order of keeping record of actual working time. The concept of «keeping record of actual working time». Daily and weekly record of actual working time. Summarized recording of working time (record of cumulative hours worked). Record-keeping periods (invoice (record) periods).

Special features of work time regulation in particular areas of economic activity. Flexible working hours. Dividing the working day into parts. Work under a rotation system.

Concept and order of requesting of overtime work. Exceptional cases as a ground for requesting overtime work. Limits of overtime work. Compensation for overtime work. Differentiation of overtime work and irregular working hours.

The concept and types of rest time. Breaks during the working day (shift) for rest and meals. Additional break for feeding (nursing). Daily (between shifts) rest. Days off (weekly continuous rest). Non-working holidays.

The concept and types of leaves (vacations). State guarantees of vacation privilege.

Annual paid leave. Types of annual paid leave. Length of annual paid leave.

Annual additional paid vacation and its types. Additional paid vacation for work with harmful and (or) dangerous labour conditions.

The procedure of granting leaves. The priority of granting leaves. Shifting the annual paid leave by demand of an employee. The grounds for shifting the annual paid leave to another time. Recall from the leave.

Additional paid leaves for employees combining work and study. Research leave.

Social leaves. Types of social leaves. Maternity leave. Child rearing leave till a child reaches the age of three years. Additional leaves to employees nursing children.

Payment of vacation allowance. The procedure of vacation pay calculation. Replacing the annual paid leave with money compensation.

Leave without pay. Leave without pay that must be granted on employee’s request. The duration of an unpaid leave.

Benefits to employees combining work and study.

Theme 9. Remuneration of labour.

The concept of the salary or wages. The structure of the salary or wage: base wages, extra wage, other payment of a stimulation and compensation character.

Methods of the wage regulation. State regulation of the remuneration of labour. Contractual regulation of the remuneration of labour. Remuneration of pluralistically labour. Remuneration of labour under the contractual terms.

Organization of remuneration of labour in the enterprises, establishments and organisations. Rating system of payment for the labour of employees and its elements. Meaning of rating system of payment for the labour of employees for the regulation of remuneration of labour. Remuneration of labour of employees of state-financed establishments and organisations.

Remuneration of labour of employees involved in hard work, in work with harmful, dangerous and other special labour conditions. Remuneration of labour of employees involved in work in the localities with special climatic or geologic conditions, in conditions of heightened risk for health.

Remuneration system and it types: hourly rate, piece-rate system of payment for labour.

Rating of work (labour norming). Performance rate. Rate of time. Service norm. Standard task. Piece rate (piece-work rate).

Forms of material stimulation of labour: bonuses, annual bonuses.

Increments and extra payments for high proficiency and mastery.

Remuneration of labour in cases of performing work under conditions different from normal. Remuneration of labour when performing work requiring different qualifications. Remuneration of labour when combining jobs and performing the duties of a temporarily absent employee. Remuneration of labour beyond the normal length of working hours. Remuneration of labour on days off and non-working holidays. Remuneration of labour at nights. Remuneration of labour when labour rates (functions) are not fulfilled. Payment of downtime.

Procedure and terms of paying wages. Calculation of the average wages.

Concept of guarantees and compensations. Guarantees and their types: remuneration of annual leave, guarantees and compensations for the employees involved in performing their state and social duties, guarantees and compensations for employees who are sent by the employer to improve their qualifications, guarantees for the employees who are sent to medical examination, guarantees on transferring the employee to another permanent less paid job, guarantees and compensations for the employees in case of their giving blood and its components etc.

Compensatory relief (payment) and its types: compensation for expenses when using personal property of the employee, compensation for relocation expenses, compensation for expenses connected with the business trip etc.

Limitations on the deductions from wages. Limitations on the amount of deductions from wages.

Theme 10. Labour routine and labour discipline. Disciplinary liability.

Legal regulation of labour routine. Concept of labour routine. System of legal acts that regulate the order of labour activity fulfilment. Types of Internal Labour Regulations (staff handbook): model, branch-wise, local. Legal consequences of Organisation’s Internal Labour Regulations absence. The structure and content of Internal Labour Regulations. Disciplinary Regulations and Statutes.

Basic employment duties of parties to employment contract. Main employment duties of employees. Main duties of an owner or a body authorized by it (him) or of a physical body – employer.

The concept of incentive (stimulation) for success in work. Grounds for labour stimulation. Kinds of employees’ good work stimulation.

The procedure of employees’ good work stimulation. Preferences and benefits for the employees diligently performing their work duties. Special merit awards. State awards.

The concept of labour discipline. The significance of labour discipline. Technologic discipline, labour (production) discipline. Legal methods of labour discipline supporting.

The concept and types of disciplinary liability of employees. General disciplinary penalties. Special disciplinary penalties. Regulatory legal act concerning special disciplinary penalties. Disciplinary Regulations and Statutes.

Grounds for the imposing disciplinary penalties. Elements of a disciplinary offence. Subject of a disciplinary offence. Subjective side. Object of a disciplinary offence. Objective side.

Main features of disciplinary liability of the employees. Legality, reasonableness and justice. Procedure of imposing disciplinary penalties. Bodies, authorized to impose disciplinary penalties. Remission of disciplinary penalty.

Types of disciplinary penalties that can be imposed to a certain categories of employees. Admonition. Disciplinary dismissal.

Calling to disciplinary account the organization head and his deputies upon demand of the employees’ representative body.

Theme 11. Material responsibility of the parties to an employment agreement.

The concept of material responsibility (liability for breakage) of the parties to the Employment agreement. The concept and features of material responsibility of employees for harm caused to employer. Purpose and meaning of material responsibility of parties to an employment agreement.

The difference between the material responsibility of employees and property responsibility (material responsibility) stipulated by norms of The Civil Law. The procedure of cover for losses.

General grounds and terms of material responsibility of employees. Labour property offence. Actual damage. Conditions of material responsibility of the employees.

Types of material responsibility of employees. Limited material responsibility and its rate. Reasons for limited material responsibility of the employees. Full material responsibility of the employees. Reasons for full material responsibility of the employees. Heightened material responsibility of the employees. Material responsibility in cases when actual damage exceeds its nominal rate.

Individual and collective (team) responsibility for the caused damage. List of jobs performance of which can be the reason of usage of collective (team) responsibility. The procedure of establishment of collective (team) responsibility. Written contracts about full material responsibility.

Evaluation of the damage. Damage restitution procedure. Interval allowed for claims. The day of discovery of the damage. Circumstances that should be taken into account while evaluating of the damage. Evidences of material welfare of the employee. Duty of proving all conditions necessary for bringing an employee to the material responsibility.

Liability of an employer to an employee. Reasons for the material liability of an employer to an employee. Liability of an employer to repair the damage caused by illegal revocation of the right to labour. Liability of an employer for material damage to the employee’s property. Liability of an employer for late work payments. Restitution of moral damage inflicted to an employee.

Obligatory public employee’s insurance (workmen’s compensation, insurance against professional disease etc.). Compensation for harm to a health of insured person. Insurance compensation.

Theme 12. Work safety. Supervision and control for a keeping within the Labour legislation in Ukraine.

The concept of labour protection and its meaning. The legislation about labour protection. The right of an employee to labour protection. Guarantees of employees’ right to labour in conditions meeting labour protection requirements.

Organization of labour protection in enterprises. Labour protection and production sanitary rules and instructions. Employer’s competence in respect of ensuring labour safety. Employees’ competence in respect of ensuring labour safety. Obligatory medical examinations of some categories of employees. Training and vocational/professional education in the field of labour protection. Funding the activities aimed at improved labour conditions and labour protection. Labour protection service in the organizations. Labour protection committees and commissions.

Special labour protection rules on hard, hazard and dangerous works. Employee’s right on benefits and compensations for hard, hazard or dangerous work conditions.

Accidents in production subject. The concept of accident and professional disease. Employer’s duties in case of an accident in production. Investigation procedure for accidents in production and professional diseases. Completion of materials on accidents in production and their registration. Insured accident.

Women’s labour protection. Minor’s labour protection. Limits of weight lifting and moving by women and minors. Obligatory medical examinations of working minors. Prohibition to allow the following categories of people to work at night, overtime or on holidays: minors, pregnant women, women who has children on the right side of three years.

Pregnant women’s labour protection.

Labour protection of human with reduced ability to work (retirees, disabled persons, war veterans, veterans of work). Disabled person’s working place. Procedure of disabled persons employment. Guarantees in the sphere of labour protection of disabled persons.

Labour protection management.

The concept and system of bodies for supervision and control for a keeping within the Labour legislation in Ukraine and their authority. Types of supervision and control for a keeping within the Labour legislation. Public supervision and control for a keeping within the Labour legislation.

Authorities of bodies of local government and bodies of local self-government in the labour protection sphere.

Social control for a keeping within the Labour legislation: trade unions, special organs as parts of trade unions – legal and technical labour inspections, labour collectives and their permanent organ – staff council.

Legal responsibility for the labour law violation. Criminal responsibility. Administrative responsibility. Disciplinary responsibility. Material liability (liability for breakage).

Theme 13. Individual and collective labour disputes.

General characteristics of labour disputes. The concept and types of labour disputes. Classification of labour disputes. The reasons for labour disputes occurrence.

Bodies, engaged in consideration of labour disputes. Principles of labour disputes consideration. Jurisdiction of labour disputes.

Individual labour disputes. Bodies, engaged in consideration of individual labour disputes. Labour dispute commission: the procedure of its formation, frame of reference. The procedure and terms of individual labour dispute consideration by labour dispute commission. Rendering of decision by labour dispute commission and its execution.

Settlement of individual labour disputes at the local court. Individual labour disputes subject to hearing at the court directly. Time for consideration of labour dispute.

Collective industrial (labour) disputes. Bodies, engaged in consideration of collective industrial disputes: Commission for Conciliation; industrial arbitration. The procedure of their creation, the range of reference. The procedure of rendering and execution of the decision concerning collective industrial dispute. Independent mediator. National Service for Mediation and Conciliation.

Right to strike and its execution. Legal consequences of a legal and illegal strike.

METHODOLOGICAL RECOMMENDATIONS TO STUDY THE DISCIPLINE

Module 1. General part

Theme 1.

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

Methodical recommendations for independent work.

The labour law takes special place among other fields of Ukrainian law. The reason of its importance is significance of the labour in our society. Deep mastering of this theme is a necessary ground for studying following topics of a labour law. The minimal task while studying this theme to master main concepts of a Labour law (such as labour law, labour relations, and relations that are closely related to them, methods of legal control of social labour relations and theirs features; criteria for differentiation of legal regulation of labour. The maximal task is to make clear the theoretical problems in the field of Labour law and to learn to differentiate (measure) the labour law from other borderline fields of law (such as civil law, administrative law, cooperative law etc.).

The main criteria for the fields of law differentiation are the object of legal regulation. That’s why first of all students should to characterise the object of legal regulation of the labour law. Only after the delineating of sphere of social relations that is regulated by the labour law one can ascertain the sphere of application of its norms.

Object of labour law is necessary to consider as social labour relations, which arose as a result of concluding of an employment agreement between the employer and employee.

Labour relations that arose as a result of employment agreement concluding are the basis of a labour law. But the object of this field of law does not exhaust only by them. There is a range of social relations that provide the functioning of labour relations and are also regulated by the norms of labour law.

According to the one of the conceptions the object of a labour law is labour relations that arose on the ground of employment agreement concluding and relations that are closely related to them (underlie (forestall) them, follow them or result from them). It is institutional and management relations in the sphere of labour; relations concerning job placement; relations of social partnership; relations concerning vocational training and advanced training of employees at the job place; relations in regard to control and supervision under the labour protection and under the keeping within the labour legislation; relations on consideration of labour disputes.

In recent years in the literature (Livshits R.Z., Ivanov S.A., Orlovskiy Iy.P., Matsiyk A.R., Bolotina N.B., Chanyshva H.I.) has become spread other conception of the labour law object. According to this conception system of social relation that is the object of labour law consists of individual and collective labour relations. Students should learn that individual labour relations arise between the employee and employer in connection with implementation of individual labour rights particularly relatively to concluding, alteration and termination of an employment agreement; labour norming and remuneration; work time and rest time; individual labour disputes solving and so on.

Collective labour relations arose because of employee’s participation in management of an enterprise, establishment or organization, due to staff participation in setting and changing of working conditions, due to concluding, alteration and execution of collective bargaining agreements etc.

Thus, the object of labour law as a field of law consists of individual and collective social relations, which arose with respect to employees’ participation in a social labour. The content of these relation is a labour process but not only a result of labour (as in the civil law is).

It is necessary to explore the sphere of action of the labour law. It spreads force on enterprises of all forms of ownership.

According to the part 2 of the article 3 of The Code of Laws on Labour of Ukraine peculiarities of labour of members of cooperatives, peasant (farm) holdings, collective agricultural enterprises (farm units), employees of enterprises with foreign investments are settled by the labour legislation and by theirs company rules. So, students should pay attention to the peculiarities of working owners’ labour legal regime of. It may differ from the labour legislation. But main guarantees relating to engagement, protection of labour, women’s labour, work of young people, handicapped persons should be provided in accordance with the labour legislation.

Students should learn that work of people similar to employees – judges, procurators, public servants etc. – is regulated by the norms of labour law taking into account peculiarities, prescribed by the special legislation for certain category of people.

Reviewing the problem of the method of legal regulation of the labour law student should reveal such methods of legal labour regulation as combination of public and contractual ways of regulation; centralised and local regulation; employees’ participation in legal regulation of labour through the labour collectives, elective bodies of trade unions; unity and differentiation in labour legal regulation; availability of special means of labour rights protection; combination of equality of rights of parties to an employment agreement with theirs subordination in the process of labour to the internal labour policy.

The system of any field of law is one of its essential features. System of labour law consists of two parts – General and Special. All legal norms that define general provisions about labour regulation belong to the General part. It is norms that define the object, methods, principles and sources of the labour law, labour legal relations, and legal procedure of citizen’s employment.

Special part of labour law includes legal institutions that regulate detached elements of labour relations and relations that are closely connected with the labour ones: employment agreement, working time and rest time; labour rate setting; remuneration of labour; discipline of labour; liability for damages of the parties to an employment agreement; protection of labour; labour disputes.

At the same time students should note that there is no unity between legal scholars in their opinion about division of legal institutions of the labour law into parts. One should pay attention to alternative views.

It is necessary to distinct system of labour law, system of labour legislation and the system of science of labour law.

Exploring the functions of the labour law it is necessary to learn that it is main directions of its influence on the behaviour (consciousness, will) of people in the process of labour for the achievement of an objectives and tasks of labour legislation. It is necessary to reveal the content of social, protective, production and educational functions of the labour law.

It is necessary to delineate the labour law from the neighbouring (allied) fields of law (such as civil law, administrative law, social security law etc.) on the basis of its object and methods of legal regulation.

Plan of the lecture:

1. The object of The Labour Law of Ukraine. The criteria for the demarcation of Labour law and allied fields of law.

2. The method of legal control and the system of Labour law.

3. The functions of Labour law.

4. The principles of Labour Law.

5. General characteristic of sources of Labour law.

6. Labour Legal relations. The subjects of Labour law.