THE IMPROVEMENT OF LEGAL REGULATION OF THE EMPLOYER’S MATERIAL LIABILITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article deals with analyzing the basic modern scientific approaches to understanding the regulation of the employer’s material liability under labor law of Ukraine. Controversial problems of material liability of the parties of the labor contract have been investigated. The author considered the essence of the institute of material liability, analyzed financial liability of both the employee and the employer. In order to investigate the peculiarities of material liability of the employer the author considers the essence of the material liability institution, analyzes the existing legislation and addresses the judicial practice. In particular, some cases of material liability of the employer to the employee in labor relations are singled out, for example emergence of material liability: a) in case of illegal dismissal from work; b) in case of illegal transfer to other job; c) in case of illegal suspending from a job; d) in case of delay in giving back a service record book at dismissal; e) in case of delay in settling accounts at dismissal and others. Modern trends of development the employer’s material liability characterized by increasing his responsibility and by closer attention of the legislator to legislative regulation of labor relations between the parties of the labor contract, but such trends don’t solve fundamental problems. The paper contains proposals and recommendations for improving current legislation on employer’s material liability and also contains recommendations for revision of the draft Labour Code of Ukraine.
Authors and Affiliations
О. О. Прогонна
Keywords
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