Representatoin as a Legal Fiction in Labor Law

Abstract

Problem setting. The institution of representation is significant for participants of labor relations as it expands the range of legal possibilities and saves much time. Meanwhile, the scientific and legislative justification of representation in labor law remains unclear. The study of this phenomenon is believed to become the driving force in representation issues regulation in labor law, therefore, it is required to focus on building this category construction. Analysis of recent researches and publications. The concept of representation has become widely studied in the field of civil law, thus, most of the scientific works on this issue relate to this field. The thesis by Nikolaychenko G. M. «Representation in the labor law of Ukraine» is dedicated to the legal regulation of representation in labor law. It should be emphasized that representation as a legal fiction in labor law of Ukraine is still beyond the attention of researchers. Target of research. It is in the research of representation in labor law in the aspect of the implementation of the legal fiction as a means of legal technique. Article’s main body. Representation enables one person (Person 1) to act, while another person is supposed to act (Person 2). That is, Person 2 becomes Person 1, when in fact they are not. Consequently, the representation provided by law is a legal fiction used by the legislator to secure a non-existent. In labor law representation is the transfer of the capacity of one personality of labor law to another to participate in relations formed in the field of labor. Representation can be applied to the following subjects of labor law: workers, employers, labor communities, trade unions, employers’ organizations, their associations. Taking into account the existence of representation issues in labor law, Chapter 1 «General Principles» of the draft Labor Code of Ukraine is proposed to be supplemented with Chapter 4 «Representation in the field of labor», in which the representation in labor law should be defined, the scope of representation and the base for acquiring and termination should be determined, and so on. Conclusions and prospects for the development. A review of the peculiarities of the legal regulation of representation in the labor law of Ukraine makes possible to outline the boundaries of the scientific study of this legal mechanism, as well as to establish practical aspects of the application of representation in labor and connected relations. It should be noted that using such a tool of legal technique as a legal fiction, it becomes possible to create an expanded system of legal provisions legal fictions that will regulate in detail the issues of representation in relations arising in the field of labor.