ON THE ISSUES OF THE CONTENT OF THE LEGAL INSTITUTIONS OF THE LABOR LAW SYSTEM

Abstract

The article deals with the problems of definition
and classification of labor law institutions. It is stated
that the labor law legal institution means a set of labor
law norms, the purpose of which is to regulate labor
relations, as well as closely related socially legal
relations, which constitute a relatively separated part
(element) of the labor law sector of Ukraine. The
following classification of labor law legal institutions
is provided: 1) institutions of the Common Part of
Labor Law: basic derivative provisions of labor law
(norms – principles, norms – tasks, norms –
definitions, norms which determine the subject, scope
of labor law, basic features of the method, problems
of analogy, etc.); sources as regulatory action;
subjects; labor contract; labor relations; ensuring
labor rights and responsibilities; self-defense
measures, types of legal liability; terms in labor law;
2) institutions of the Special Part of Labor Law:
recruitment; labor contract; training and retraining of
personnel; time for work and rest; regulation and
remuneration; discipline of work; material liability;
occupational Safety and Health; 3) institutions of the
Special Part of Labor Law on regulation of work of
certain categories of workers in certain branches of
economic activity. The individual institutions of the
Common Part of Labor Law are analysed. In
particular, it is determined that working time as an
institution of labor law is a complex set of legal norms
concerning all constituent elements of working time, determined by the constitutional and labor legislation, which stipulate the conditions of duration, composition, regime, order of accounting of working time, as well as the conditions of reduction of working day of different categories of workers. The projects of legislative acts regarding definition and content of the institution of working time in labor sphere, which are currently under consideration in the Verkhovna Rada of Ukraine, are analysed.
Key words: labor law system, labor law institutions, institutions of the Common Part of labor Law, working time institution, labor contract institution.