JUDICIAL PROTECTION OF EMPLOYEES' LABOR RIGHTS AS AN EFFECTIVE WAY TO OVERCOME RIGHTS RESTRICTIONS AND RESOLVE LABOR DISPUTES

Abstract

This study analyzes judicial protection of
employees' labor rights, particularly within the
context of contemporary Ukrainian legislation. Based
on an analysis of scholarly opinions, national labor
laws, and the case law of the Supreme Court, the study
examines judicial protection of employees' rights as a
means of overcoming restrictions on labor rights and
resolving labor disputes. The author considers
various aspects of this issue: from the theoretical
foundations of legal protection to the practical aspects
of enforcing labor rights in court. Particular attention
is paid to the interaction of substantive and
procedural law in the field of labor relations. The
author examines how these norms determine both the
possibility of judicial protection and the specific
procedures for its implementation. In addition, the
study analyzes the impact of changes in labor
legislation related to martial law on the labor rights
of employees. 1 The author notes that while changes
in labor legislation during wartime are necessary to
adapt to new objective conditions, they can also
restrict the rights of employees. The paper analyzes
the terms specified in Article 233 of the Labor Code of
Ukraine through the prism of judicial practice and
clarifies the essence of legal positions, including
regarding the deadline for filing a lawsuit in cases
related to non-compliance with labor payment
legislation. The paper formulates certain theoretical
positions and supports the conclusion that "the quality
of the law" is the foundation of the rule of law, which
is based on the principle of the rule of law, one of the
requirements of which is legal certainty. The author
concludes that the clarity and comprehensibility of labor legislation is a necessary condition for the effective judicial protection of labor rights and ensuring the rule of law.

Keywords: employee, labor rights, labor law, right to protection, forms of protection, judicial protection, rule of law, protection of labor rights.