ON THE CLASSIFICATION OF LEGAL GUARANTEES FOR THE EXERCISE OF RIGHTS TO FAIR PAY

Authors

DOI:

https://doi.org/10.33216/2218-5461-2020-40-2-127-133

Abstract

The article is devoted to the classification of
legal guarantees for the realization of the rights to
fair remuneration. The concept of "wage guarantee"
is highlighted, it is indicated that it is debatable, the
opinion is expressed that the concept and content of
guarantees of the right to wages remain developed to
the required extent, and proposals are made to use
another concept instead of the concept of wage
guarantees - protection, protection salary". It is
noted that the Code of Labor Laws of Ukraine does
not contain the concepts of either "wage guarantees"
or "wage guarantees". Article 51, entitled
"Guarantees of the right of citizens to work", does
not contain a word on wages or salaries. The Labor
Codes of the Republic of Belarus, the Russian
Federation, and the Republic of Kazakhstan on the
existence of provisions governing the issues of wage
guarantees are analyzed.
It is established that state guarantees in the
field of social and labor relations, in particular the
realization of the right to fair remuneration, are
established and provided by the state.
It is concluded that the legislator of Kazakhstan
provides that the authorized subjects of rule-making
and the parties to labor relations will establish
additional guarantees in the field of labor, in
addition to the minimum guarantees defined by the
legislation of the Republic of Kazakhstan on labor. It
is stated that there is no such provision in the
Ukrainian labor legislation as in the Labor Code of
Kazakhstan. It is seen that guarantees of fair
remuneration are not aimed at ensuring one specific
right, but establish a set of measures aimed at
ensuring a number of workers' rights in the field of
remuneration, which ultimately aims to ensure the
employee receives a decent fair wage.
As a result, it is noted that the institution of
remuneration in our country needs radical changes. It is necessary to enshrine at the legislative level guarantees for the realization of workers' rights to fair pay. This will give impetus to the implementation and establishment of other guarantees at other levels after the formal consolidation of state guarantees of fair wages. It is extremely important to develop a reasonable system of state guarantees for the realization of the right to fair pay, which is reflected in the Labor Code of Ukraine.
Key words: state guarantees, fair wages, classification, decent remuneration, labor relations, local regulation.

Author Biography

М.О. Пижова

Кандидат юридичних наук, доцент кафедри загальноправових дисциплін Інституту управління і права Національного юридичного університету імені Ярослава Мудрого

Published

23.12.2020

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Section

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