INTERNATIONAL AND FOREIGN EXPERIENCE OF LEGAL REGULATION OF LABOR IN THE MINING INDUSTRY

Abstract

In the framework of this scientific and legal article, the author identified the features of foreign experience in the legal regulation of labor in the mining industry. On this basis, proposals have been developed to improve the quality of national legislation and increase the practice of its application. The study substantiated the need to: 1) harmonize the national regulatory framework with the provisions of ILO Convention № 45 «On the use of women in underground work in mines of any kind» from 21.06.1935, which completely prohibits the work of women regardless of age underground works in the mine; Art. 5 of ILO Convention № 176 on the Collection and Publication of Statistics on Accidents, Occupational Diseases and Dangerous Events in Mining Enterprises, Art. 7, 10 of the ILO Convention № 176, Article 3-8 of Council Directive 92/104 / EC on the consolidation of the responsibilities of the owner (manager) of a mining enterprise, etc.; 2) inspections of the Mining Law of Ukraine for harmonization of provisions with the requirements of ratified ILO Conventions and EU directives; 3) systematization of special labor legislation in the mining sector, clearly prescribing the duties, rights and responsibilities of employees and employers in the Mining Law of Ukraine, including regarding salary delays, violations of the terms of the collective agreement, informing about harmful working conditions, etc.; 4) compliance with the requirements of Art. 9 of the ILO Convention №176 on the actual informing of employees about the dangers associated with their work by increasing the disciplinary responsibility of managers (before dismissal) 5) improving the Safety Rules in coal mines, taking into account the provisions of Annex «Minimum safety and health requirements» of Council Directive 92 / 104 / EEC (equipping workplaces, rest rooms, etc.); 6) implementation of ranking in the draft Labor Code of the requirements for the permissible age and experience of the employee depending on the position and type of dangerous, harmful work; 7) legislative consolidation of the list of mining professions on which the use of women's labor is allowed, etc.
Key words: modern international labor standards, current national labor legislation, foreign legislation, miner, mining, industry.