Novokhatska Anna

East-Ukrainian Vladimir Dahl National University

The principle of the right to rest as the constitutional principle of labor law

The ongoing reform process in Ukraine conditions of political, social and economic life has a profound impact on the social and labor relations and determines the changes in their regulation.

Market reforms significantly changed the nature of industrial relations in a complex set which arise and develop labor relations, are the subject of legal regulation of labor law as an independent branch in the system of Ukrainian law.

For all types of public benefit activities of people meter labor advocates working hours. Working time, c the one hand, establishes a measure of labor, c the other - provides the employee to provide time for rest and recuperation spent forces.

On the issue of working time is closely related to the question of rest periods. What is meant by leisure time, which provides views of the rest time, when given paid annual leave (primary and secondary), where the possibility of granting leave without pay, shall be calculated as the length of the leave, compensation for unused vacation. The study of this problem has been a lot of research, because the problem of work and leisure is one of the most important in the labor law.

The basic law of every state is the Constitution. It gives a scientific understanding of the political and economic processes in the country, reinforces the idea of the distribution and organization of the government, its relationship with the democratic institutions of society, the rights and freedoms of citizens and creates the conditions for their implementation. At the same time, it is necessary the existence of the expanded legal framework for the implementation of human rights at work and leisure. [3; 5; 6; 7; 8]

During the years of Soviet power in Ukraine are reproduced verbatim constitution that were adopted in the Soviet Union. So it was with the constitution of 1936 p., Which was called Stalin, and the constitution of 1977 p., Nicknamed Brezhnev. The Constitution declares that these fundamental rights and freedoms in the field of labor relations, such as the right to work, right to rest, the right to health, right to education, the right to participate in the management of state and public affairs, the right of association in the public organizations, the right material security in old age, sickness, full or partial disability, and survivor [1, 45]. Duty and a matter of honor for every able citizen to work recognized conscientious work in his chosen field of public benefit activities, compliance with labor discipline, storage and consolidation of state property.

June 28, 1996 the parliament of Ukraine adopted a new Constitution [2], which has become a very important political and legal document that gave the present state of development of the Ukrainian state and society, their legal system.

The Constitution of Ukraine adopted in terms of differences between the political parties on ways of development of the state, so a number of its provisions, far from perfect.

Despite this, the Constitution of Ukraine in 1996 provides the legal basis for the improvement of legal regulation of social relations in all spheres of life. It is a solid foundation for the activities envisaged by its state agencies and political institutions, an intensification of the current legislation, the creation of a significant number of codified acts as an array of modern Ukrainian legislation - a large number of laws, decrees, regulations, instructions, regulations and other acts, some of which are adopted back in the old days.

The Constitution proclaims that all people are free and equal in dignity and rights. [2] Human rights and freedoms are inalienable and inviolable, they are not exhaustive. Everyone has the right to the free development of his personality, if it does not go up the rights and freedoms of others, and has duties to the community in which the free and full development of their personality.

Citizens have equal constitutional rights and freedoms and are equal before the law.

Citizens of Ukraine has the right to possess, use and dispose of their property, the results of his intellectual and creative activity that is not prohibited by law, the right to work, they have freely chosen or freely agrees, the right to rest, the right to social security, the right to an adequate standard of living for himself and his family, which includes adequate food, clothing, housing, the right to health, medical care and health insurance, and others. [2].

Constitution proclaims the right to be called positive rights, which in its own understanding of this concept are not rights because they do not correspond to certain responsibilities, they are not guaranteed and can’t be guaranteed in full, for example, by means of judicial protection.

At present, no country in the world can’t create adequate safeguards implementation and protection of economic, social and cultural rights of its citizens. The absence of judicial protection, which is the most efficient form of legal guarantees, turns called the right to return and thereby discredit the very idea of human rights.

Social aspects of human life is governed by the rules of labor law, and therefore it should play a leading role in providing real social rights of citizens. Together with the Constitution of Ukraine on the territory of Ukraine there are other laws that ensure the rule of the Basic Law.

One of the most important parts of the new Constitution of Ukraine [2] is Section II «The rights, freedoms and duties of man and citizen." It is generally accepted division of the fundamental rights and freedoms on the socio-economic, political and personal. Among the socio-economic rights is such, the presence of which makes possible the existence of all the others - the right to work. It is mainly in the rights attached to the members of society, such as natural, inherent in man, as well as the right to life. All this determines the importance of proper legal regulation of labor.

The new Constitution of Ukraine [2] has kept every man's right to work, to rest, to social security in cases of complete, partial or temporary disability, widowhood, unemployment, and old age. It excludes employment relations any discrimination and proclaims that all citizens have equal constitutional rights and freedoms and are equal before the law regardless of race, color, political, religious and other beliefs, sex, ethnic or social origin, property, place of residence, linguistic or other characteristics. Important is the right of citizens to participate in trade unions to protect their labor and socio-economic rights and interests.

Furthermore, the Basic Law has a provision that extend labor rights of citizens. For the first time in the Constitution enshrines the right of everyone to an adequate, safe and healthy working conditions, wages not below a certain law, prohibits the use of forced labor and other rights. Indeed labor rights and freedoms of citizens greatly expanded. However, not enough to proclaim them, you must provide a guarantee of realization and protection of these rights and freedoms. [4]

Constitutional right to rest is ensured not only legislative restrictions of working time, overtime, and enshrined in the laws of different kinds of rest periods and annual leave, both basic and supplementary.

The State at the legislative level, guarantees all workers the right to rest and leisure activities provided are different. Legislation of labor is an important part of Ukrainian legislation, it consists of numerous regulations at various levels - both legislative and regulations.

Everyone has the right to rest, according to the Constitution of Ukraine. Work contract shall be guaranteed by the statutory working hours, weekends and holidays, and paid annual leave.

In the current economic crisis and its consequences in the form of financial problems reflected in the attitudes of employers with employees. Many small and medium-sized businesses lack of funds due to non-payment of counterparties, refusal to issue loans, "freezing of projects." However, in times of crisis, some employers do not comply with all the requirements of the labor legislation. Today, organizations have become significantly more likely to use a variant of the seal of the day, perform work in excess of the hours of work, or, conversely, of underemployment workers.

Reference

1. Трудовое право Украины / В. Е. Телипко, А.Г. Дутова. – К., 2009. – 456 с.

2. Конституция Украины. – [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua/laws/show/254к/96-вр

3. Кодекс законов о труде Украины. – [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua/laws/show/322–08

4. Пилипенко П.Д. Проблеми теорії трудового права: Монографія / П. Д. Пилипенко. – Львів: Видавничий центр Львів. нац. ун-ту імені Івана Франка, 1999. – 214 с.

5. Закон Украины «О занятости населения». – [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua/laws/show/5067-17

6. Закон Украины «О коллективных договорах и соглашениях». – [Электронный ресурс]. – Режим доступа: http://zakon.rada.gov.ua/go/3356-12

7. Закон Украины «Об оплате труда». – [Электронный ресурс]. – Режим доступа: http://zakon.rada.gov.ua/go/108/95-%D0%B2%D1%80

8. Закон Украины «Об отпусках». – [Электронный ресурс]. – Режим доступа: http://zakon.rada.gov.ua/go/504/96-%D0%B2%D1%80