BASIC DIRECTIONS PRINCIPLES OF ADOPTION OF THE OF SOCIAL STATE IN LABOR LAW

Abstract

Problem setting. In the article the basic directions of strengthening the foundations of the welfare state in labor
law. It is noted that the current Labour Code, adopted December 10, 1971, despite it made numerous changes and
additions less corresponds to the socio-economic situation. The emerging and growing extremely dangerous gap between
the legal regulation of various spheres of socio-economic activities.
Article’s main body. Performance standards aimed at a high level of formal legal protection worker, leads to
unfavorable economic and, at first sight is paradoxical social consequences. Mostly ineffectiveness of legal regulation of
labor relations caused by the absence of a clear mechanism for implementation of the law laid down in its principles and
warranty provisions. This situation is due to many reasons, among which are the following sense: not a clear separation
issues are solved at different levels of regulation; impacts of regulations among themselves; not prompt filling of gaps in
current legislation; insufficient legal technique and others. Inflexible system of hiring and firing together reduces labor
mobility, preventing their redistribution among enterprises, industries and regions is an obstacle to the gradual transition
from inefficient areas of employment effective.
Saturation current Code unrealistic guarantees and facilities contributes to the emergence and further development
of negative tendencies. Including: labor relations, especially in the commercial sector, often mechanically substituted by
civil law, with the result that workers actually lose even the existing minimum guarantee since the application of labor
laws in full by the employer is not economically viable and feasible; most formally protected by labor laws workers
actually became less competitive in the labor market in droves replaced him.
Conclusions and prospects for the development. Emphasized the need for consistent implementation through the
Labor Code the following relationship public and contractual regulation of relations in the workplace: the state retains
the right to consolidate and specify a labor law constitutional provisions and the basic procedures set mandatory for
safeguarding labor rights; level collective bargaining regulation defined sectoral, regional and other features of labor
organization and implementation of labor guarantees; individual contractual regulation becomes a way of determining
the participation of the immediate conditions of their work and promotion.