- •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 2. Labour legal relations. Subjects of labour law and theirs legal status
Methodical recommendations for independent work
Studying the problem of legal regulation of labour relations it is necessary to consider their types in accordance with the division into individual and collective. It is necessary to explain inextricable connection, unity and interaction between the individual labour relations and collective ones. At the same time it is necessary to pay attention to the priority and supremacy of individual labour relations, which is a background for collective labour relations existence.
Collective nature of relations under investigation determined by theirs subjective structure, necessity of employees’ collective interest guaranteeing.
Collective relations in this sphere as well as individual have labour nature. They are regulated by the norms of the labour law, arose in process of labour and in connexion with labour activity. The content of these relations is collective labour rights and associated with them duties.
Subjects of individual labour relations are employee and employer (owner of an enterprise, establishment, organisation or body authorised by him).
Students should expose the item about the legal status of employee and employer that consists of such elements as:
Labour legal capacity;
Basic (statutory) labour rights and duties;
Legal guarantees of mentioned rights and duties;
Liability for breach of labour duties.
One of the necessary conditions for the legal relations arising is labour legal capacity. In accordance with the labour law person has united labour legal passive and active capacity and ability to bear labour legal responsibility. It is ability to have and to exercise labour rights and duties, to bear responsibility for labour offences. All these elements arose at the same time and in aggregate is the labour legal capacity. Usually person gets labour legal capacity at the age of 16 years. By the consent of one of the parents or of a person who replaces him (her) can be hired persons who attained the age of 15 years. For youth preparation to the productive labour it is allowed to hire pupils who attained the age of 14 years in accordance with special procedure prescribed by the article 188 of Labour Code. Maximum age that allows concluding employment agreement is provided only in certain cases.
The breadth of labour legal capacity – it is rights and duties of an employee which student must to describe.
Further it is necessary to consider labour legal capacity of an employer – owner of an enterprise, establishment, organisation or body authorised by him or physical body, which in accordance to the law uses hired labour. Labour legal personality of juridical entity arises from the date of its state registration and last until its liquidation. Labour legal personality of physical body – employer arises from the date of attending the age of 18 years.
There are two criteria of the labour legal personality of employer – legal entity: operational and material ones. Operational criterion is ability to perform selection and placement of cadres, to organise the labour of employees, to create working condition necessary for executing of the job. The essence of material criterion consists in existence of salary fund.
Students should give general overview of labour collectives, trade unions, employer’s associations as subjects of collective labour legal relations, to analyze operative legislation that establishes their legal status.
Every party to collective labour legal relations has own authorized representatives which are the subjects of these relations. Representation in collective labour legal relations based on the labour legislation, internal regulations of an organisation, decision of elective body of local labour union.
Grounds for arising, changing and termination of labour relations should be considered as a jural fact (causal fact) provided by the labour legislation of Ukraine.
Employment agreement is main causal fact with which strictly connected arising of labour relations. Among other causal fact should be mentioned such as:
election to a certain post;
filling of position in accordance with competitive tender;
work permit in fact with the knowledge and acceptance of employer or his representative irrespective of properly executed employment agreement existence.
Students should acquaint themselves with the decree of Plenum of Supreme Court of Ukraine #9 d.d. 6.11.1992 «About the Practice of judicial Examination of Labour Disputes» for the understanding of peculiarities of labour relations’ arising.