CERTAIN PROBLEMS OF LEGAL REGULATION OF LABOR RELATIONS OF TRANSPORT WORKERS

Abstract

The article examines and outlines the main problems of legal regulation of labor relations of transport workers. A special block of problems are problems related to the legislative consolidation and practical implementation of legal regulation of labor relations of transport workers. A separate problem is the lack of a clear understanding of the concept of a transport worker and related terms, including: “railway transport worker”, “air transport worker”, “river transport worker”, etc., in connection with which it is proposed to clearly establish the concept of a transport worker in the general law “On Transport” dated 10.11.1994 No. 232/94-VR as “a person who, by his own consent and own desire, agrees to the legal registration of an employment relationship with an employer (an individual entrepreneur or a legal entity - a transport enterprise) on the terms of using his labor with strict compliance with the terms of an employment agreement or contract and with the presence of corresponding mutual rights and obligations between such a person and the employer”. One of the problems is the imperfection of the mechanism for legal regulation of the beginning of an employee’s employment relationship with the employer. The importance of establishing the obligation to conduct an interview with a candidate for a position at the legislative level is indicated. The next problem is the imperfection of the mechanism for calculating and controlling the work of employees who work under an employment contract with several employers, in particular regarding the issue of part-time work at transport enterprises, as well as accounting for the working hours of part-time employees. A clear definition of the list of professions at transport enterprises that do not allow a person to work part-time is proposed. The problems also include the lack of real control over the regulation of the work of employees of transport enterprises, which consists in the fact that individual employees in fact perform several labor functions, but payment and registration of labor relations are carried out as for the performance of one (main) labor function. The conclusion is made about the lack of effective, efficient and unprecedented control over the accounting of working hours of drivers and other employees who work with various mechanisms and equipment, and therefore it is too early and premature to talk about the transparency of the accounting of working hours of such persons at the moment. Separate problems are the rather weak actual participation of trade unions in issues of legal regulation of transport workers, including in resolving labor disputes, as well as the lack of legislative regulation of establishing the maximum age limit for hiring drivers of certain categories of vehicles. In addition, special attention is paid to the issue of the need to take into account the practice of foreign countries, in which persons who have reached a certain age are not allowed to drive vehicles, arguing this with the physiological process of aging and changes in the speed and efficiency of perception of the road situation and response to changes in traffic.

Keywords: employee, legal regulation, transport, labor relations, legislation.