General characteristics of the subjects of the individual employment relationship

Abstract

The article deals with the subjects of individual labor relations, which, in turn, are the employee and the employer, which are labor legal personality. These relationships arise between them regarding the employee's employment. The employer is the main subject of individual and collective labor relations.

We note that in the legislation of Ukraine there is no single, agreed in all branches of legislation the concept of "employer". In the current Labor Code this term is not used at all. In some legislative acts, the employer recognizes the owner or the body authorized by him, in others - the enterprise, institution, organization. There are contradictions between the Economic and Civil Code of Ukraine regarding those legal forms in which the business can be conducted and legal entities. Even in related fields - labor law and social security law, this definition is different.

Regulations have a number of significant differences in the definition of the term "employee", which, in turn, testifies to the improper regulation, namely: lack of regulation in the legal material.

The employee is one of the parties to the employment contract. According to the legislation, an employee is defined as a natural person who works under an employment contract (contract) at an enterprise, institution and organization, regardless of the form of ownership and type of activity, or of a natural person who uses hired labor in accordance with the law. Hence, distinguishing from the employee as the subject and one of the parties to the employment relationship, the main characteristics, it should be noted that the acquisition of the status of the subject of the employment relationship begins from the moment of conclusion of the employment contract.

It is noted that the basic labor rights are enshrined in three groups of acts: international legal acts of the world level (UN acts, ILO); acts of the regional level (acts of the Council of Europe, the European Union, other regional acts of organizations); acts of national legislation which establish guarantees for the exercise and protection of fundamental labor rights.