ТРУДО-ПРАВОВІ ЗАХОДИ ПОКАРАННЯ ЯК ВАЖЛИВА ФОРМА ПРАВОВОГО ПРИМУСУ У СФЕРІ ОХОРОНИ ПРАЦІ
Description
The article is devoted to streamlining the system of legal punishment measures for violating the requirements of labour protection legislation.
The purpose of the article is to streamline the system of penalties for violations of the requirements of labour protection legislation, to identify problems of insufficient effectiveness of the mechanism for applying these measures, which traditionally belong to the main form of legal coercion in the field of the right to safe and healthy working conditions, and to develop proposals for improving legislation in this area.
The author identifies the problems of insufficient efficiency of the mechanism of application of these measures, which traditionally belong to the main form of legal coercion in the sphere of the right to safe and healthy working conditions.
Currently, Ukraine does not have a legal act on the discipline of workers working in enterprises with high-risk objects (reservoirs of hazardous and poisonous substances, underground gas reservoirs). Considering the increased danger of working in such enterprises to the environment, especially to the life and health of people around them and workers, this document would have to provide additional fines - disciplinary sanctions for violators of labour protection requirements in these enterprises. It would be desirable to provide a warning, a strict reprimand among such sanctions. These sanctions will allow the employer to take a more responsible approach to the official investigation of disciplinary violations in the field of labour protection.
The author proposes to supplement Art. 43 of the Law of Ukraine "On Labor Protection" with a new penalty for the employer to develop a normative legal act on the labour discipline of employees engaged in high-risk objects, based on the methodology of labour law.
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