THE ESSENCE AND SIGNS OF SUPERVISION AND CONTROL OVER COMPLIANCE WITH THE LABOUR LEGISLATION OF UKRAINE

Abstract

The essence of supervision over observance of
the labor legislation of Ukraine is analyzed in the
article. The author's interpretation of this term has
been revealed. The theoretical and legal nature of the
control over the observance of the labor legislation of
Ukraine is characterized. The scientific concept of
control over the observance of the labor legislation of
Ukraine is revealed. The list of elements of the essence
of supervision and control over observance of the
labor legislation of Ukraine is determined. The list of
signs of supervision and control over compliance with
the labor legislation of Ukraine is formulated. The
role of each of them is detailed.
The right to work, defined by the Constitution of
Ukraine, is an inherent right of every person, and its
maintenance and protection is one of the tasks of the
state. During the exercise of this right and employment, there are many conflicts that require
regulation at the level of the legislation. That is why
labor law was created to respect the principles of law
and labor rights for both the employee and the
employer. At the same time, the analysis of the
practice of its observance and the existence of special
institutes for the settlement of individual and collective
labor disputes testifies to the need to supervise and
control its observance. However, this issue is, to date,
under-researched at the scientific-theoretical level
and insufficiently regulated at the legislative level.
For a long time, surveillance and control studies
were conducted within the framework of those
approaches that had been established before Ukraine
gained independence. The result of such activity is the
incorrect reproduction of their essence and features,
which do not correspond to the actual employment
relations, as well as the actual directions of their development. The nature and features of control and supervision should be correlated with the nature of modern labor relations and employment. Accordingly, this study will clarify what the content and properties of control and supervision should be in the context of a constant transformation of public needs and interests. In addition, the study of the features of supervision and control will identify the common and distinctive features, purpose and relationship between them. For their part, this will allow them to determine the more appropriate procedure for their implementation and to determine the correct methods of their legal regulation.
Keywords: supervision, control, labor legislation, labor, labor activity, employer.