CURRENT ISSUES REGULATING LABOR RELATIONS WITH A FOREIGN ELEMENT

Authors

  • A. Donchenko

DOI:

https://doi.org/10.33216/2218-5461/2024-47-1-60-70

Abstract

The article deals with the topical issues of
regulation of labor relations with a foreign element.
Based on the analysis of the opinions of scholars and
normative legal acts of international, regional and
national levels, the tendency of complex regulation of
labor relations with a foreign element using the legal
norms of international private law is revealed.
The research notes that the conflict of laws rule
is a tool used to resolve the issue of which country's
law is applicable in a particular case. The authors
propose to define conflict of laws rules in the field of
labor relations as rules that determine which
legislation (of which country) will be applied to labor
relations that contain a foreign element. The article
points out the main principles on which conflict of
laws rules in labor relations are based, namely: The
law of the place of work (lex loci laboris); The
personal law of the employer (lex personalis); The law
of the autonomy of will (lex voluntatis);
It is stated that the armed aggression of russia against Ukraine has significantly exacerbated the problems of external migration of Ukrainians and the regulation of labor relations with a foreign element. The article proposes some ways to solve these problems.

Keywords: labor relations, labor relations with a foreign element, labor migration, conflict of laws rules, employees, refugees, temporary protection.

Author Biography

A. Donchenko

Здобувачка вищої освіти 2 курсу ОС «бакалавр» Національного юридичного університету імені Ярослава Мудрого

Published

01.06.2024

Issue

Section

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