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PROSPECTS OF LEGALIZATION OF LABOUR RELATIONS ON DOMESTIC LABOUR MARKET UNDER THE INFLUENCE OF INTEGRATION PROCESSES

Morozova N.G.
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Morozova N.G.: Мinistry of social policy of Ukraine

Management, 2014, vol. 9, issue 4, 215-223

Abstract: In article problem aspects of formation of "a shadow labour market” (illegal use of a labour on a domestic labour market) that prospects of legalisation of sociolabor relations by means of standard-legal mechanisms their regulation are considered. The theme urgency is caused necessity of a substantiation of expediency of use standard-legal mechanism for support of legally issued labour relations on a labour market of Ukraine. The literature review in which various questions of the government in sphere of support of the state guarantees of the sociolabor rights are considered by the legislation of Ukraine, demands more detailed research at the present stage of socioeconomic development. After all the specified problem provides definition of all system of the public relations forming sociolabor sphere of employment, a legal mechanism of its regulation and a place and a role of such important component in this system, as the rights of sociolabor protection of the worker. At the social development present stage in work sphere there are essential changes. The part of changes is caused by the further development of market economy and in certain degree it is considered traditional. In passing to notice, that changes concern both a question of organizational-legal forms of work, and a payment. New market conditions make essential impact on a work sphere of application, having caused considerable changes in character of labour relations, namely: existence of "a shadow labour market" when labour relations actually take place, but legally are not made out, illegal use of work of hired workers. The main problem is expansion of the latent employment at which the employer does not make out legally labour relations with hired workers therefore workers are deprived those rights and guarantees, is usually guaranteed by the labour legislation. Not formalized labour contract became one of the basic means of functioning of "shadow" economy which last years has received a wide circulation in Ukraine. The main problem is expansion of the latent employment at which the employer does not make out legally labour relations with hired workers therefore workers are deprived those rights and guarantees, is usually guaranteed by the labour legislation. Legally labour relations are not issued actual expansion of the rights of employers and vulnerability of hired workers testify about uncontrollable. In this connection is not subject to obligatory state social insurance, insurance payments in social funds and taxes from wages the employer, by the worker are not paid, that deprives of its right to use insurance payments from corresponding funds in case of approach of an insurance case. In the conditions of an open society and integration of Ukraine into the international structures there was a question on the account of the international experience and adaptation of the national legislation, including labour, with the international standards. For today the minimum wages by definition do not carry out a main destination - protection of workers against poverty and support with their minimum vital needs. It by definition is the minimum guarantee only for workers who carry out simple work by low qualification, that is includes only a tariff part of wages and is applied to formation of tariff system of a payment.

Keywords: a labour market; legalisation of labour relations; informal wages; the labour contract; the pension experience; social guarantees (search for similar items in EconPapers)
Date: 2014
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