Employees Involved in the Performance of State or Public Duties as Special Entities of Labor Law

Abstract

Problem setting. The article analyzes originality of labor law of Ukraine in the system of branches of national law, among other things, also characterizes its subjective composition. The question of the subject composition, ultimately, is a question of the existence of the branch of law itself as an independent normative entity, because along with the subject, method, principles and functions must form a certain range of potential participants in public relations. The dynamics of the development of labor legislation in modern conditions also requires a proper theoretical justification of the legal status of the subjects of labor law.

Analysis of recent sources and publications. Sufficient attention has been paid to the legal status of labor law entities. They were studied by M. G. Alexandrov, N. B. Bolotina, V. S. Venediktov, M. I. Inshin, R. Z. Livshits, Yu. P. Orlovsky, P. D. Pilipenko, V. I. Prokopenko, O. I. Protsevsky, A. M. Slyusar, O. V. Smirnov, N. M. Khutoryan, G. I. Chanisheva, V. I. Shcherbina, O. M. Yaroshenko and other scientists in this field. However, despite the significant number of publications, the labor law doctrine still lacks a study of the legal status of some subjects of labor law, in particular those involved in the implementation of state

Article’s main body. The article considers topical issues concerning employees who are involved in the performance of state or public duties as special subjects of labor law. It is noted that their legal status is regulated not only by general legislation (Labor Code of Ukraine), but also by special (Laws of Ukraine “On military duty and military service” and “On alternative (non-military) service”, “On mobilization training and mobilization”). conscripts). It is emphasized that today military service is an indispensable and important attribute of modern Ukraine. Therefore, one of the priority tasks today should be to ensure the rights and freedoms of this category of workers.

Conclusions and prospects for development. It is noted that today it is extremely important to guarantee labor rights and adhere to the principle of stability of labor relations with regard to workers mobilized for military service in connection with the anti-terrorist operation in eastern Ukraine. The main guarantees for employees involved in the performance of state or public duties are the preservation of the place of work (position) and average earnings. That is, according to the current legislation, for a worker who performs his civic duty to protect the Fatherland, the job and average earnings must be preserved. Thus dismissal by the employer of the specified category of citizens on the basis of item 3 of Art. 36 of the Labor Code of Ukraine after the introduction of a special period in Ukraine without retaining their jobs, positions and average earnings is illegal. Because the Constitution of Ukraine, proclaiming the right of everyone to work, established the conditions and guarantees of its implementation. In particular, Art. 43 of the Basic Law of the country guarantees citizens protection against illegal dismissal. Therefore, in the case of such dismissal, the employer may be prosecuted in accordance with the requirements of Art. 265 of the Labor Code of Ukraine – non-compliance with the statutory guarantees and benefits to employees who are involved in the performance of duties under the laws of Ukraine.