ISSUE OF THE LIMITATION PERIOD FOR CLAIMS ON VIOLATION OF THE LEGISLATION ON THE PAYMENT OF LABOR IN MODERN CONDITIONS

Authors

DOI:

https://doi.org/10.33216/2218-5461/2023-45-1-30-40

Abstract

In the article, based on the analysis of the sci-entific views of scientists, international and national regulatory legal acts, the issue of the statute of limi-tations or the time limit for applying to the court in case of violation of labor legislation is investigated. The authors have found out that today the issue of statute of limitations in case of violation of labor legislation has not gained much importance among scientists and has not yet been properly researched. An analysis of the terms was carried out and the need to use the term "statute of limitation" instead of the term "time limit for applying to the court" was noted. It was established that in order to properly protect the rights of employees in case of violation of their right to work in terms of violation of the right to remuneration for work, it is necessary to review the current legislation, improve them, and bring them to a unified position in various legislative acts. The author's understanding is also provided regarding the need to review the expediency of establishing in the labor legislation the time limits for applying to the court in cases regarding the collection of wages and all its components, which belong to the employee or should belong to him, regardless of whether the employer has made the calculation of such payments. The establishment of such time limits for applying to the court creates a violation of the right to property.

Key words: right to work, statute of limita-tions, term of appeal to court, salary.

Author Biographies

O. Hrebenar

Аспірант кафедри правознавства Східноукраїнського національного університету імені Володимира Даля, адвокат

B. Rozovskyi

Доктор юридичних наук, професор, завідувач кафедри правознавства Східноукраїнського національного університету імені Володимира Даля

Published

07.07.2023

Issue

Section

Статті