Journal article Open Access

Transformation of Legal Status of the Employer in the Reforming Conditions of the Labour Law of Ukraine

O.H. Sereda, S.S. Chubar

The current issues of regarding the transformation of the legal status of the employer in the new economic conditions have been analyzed in the article. Question of fundamental rights of employers, their guarantees and real opportunities for implementation and application have been considered. Indicative employers' safeguards implemented in the global community have been investigated. Proposals to improve Ukrainian labour law and eliminate shortcomings in the new Labour Code of Ukraine have been given.

It was stated that the current Soviet labour law rules governing the status of employers do not meet modern  social relations and require a radical transformation towards the introduction of labour guarantees and rights. It has been argued that the departure from the concept of "owner of an enterprise, institution, organization or body authorized by him" provided for by the current labour law of Ukraine was entirely justified, since the definition reflected a socialist mode of production and involved a single employer. It has been stated that although the employer is traditionally considered a stronger party to the employment relationship, he as a subject of law must have real guarantees for the exercise of his employment rights.

It has been found that the current regulatory acts governing the legal status of employers, the draft Labour Code of Ukraine do not provide for guarantees of employers. It has been argued that the mechanism for the protection of employers' rights is insufficient and therefore a world-wide precedent and legislative practice is an effective way of solving these problems. Thus, good examples of employers' guarantors in the USA, Sweden, France, Bulgaria, Japan, etc. have been considered and proposed to incorporate such practices into national law.

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