Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract
Scientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an indi...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2021-09-01
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| Series: | Вісник Харківського національного університету внутрішніх справ |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/405 |
| _version_ | 1798036054440148992 |
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| author | S. V. Vereitin |
| author_facet | S. V. Vereitin |
| author_sort | S. V. Vereitin |
| collection | DOAJ |
| description | Scientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an individual have been researched. It has been found out that the current Code of Labor Laws of Ukraine does not clearly define the moment of emergence of labor legal personality of the employer. Besides, labor law uses different terms to denote this aspect of the contract. It has been recommended to change all synonyms of the term of “employer” for the specified term in all acts of national legislation.
It has been stated that the employer can be any legal entity. The employer powers arise from the moment of state registration. Employer powers of legal entities are vested in officials (chiefs, directors, presidents, etc.) who are given the right to hire and fire employees. Separate divisions of legal entities may be employers, if the relevant legal entity delegates part of its authority to them in order to accept the dismissal of employees and the use of their labor.
It has been substantiated that we should rely on the full civil capacity of an individual while determining the employment status of the employer being an individual.
The author has offered to envisage the following norm in the Labor Code of Ukraine and in the future Labor Code of Ukraine: “An employer may be any individual who has reached the age of eighteen. An individual who has reached the age of sixteen and wishes to be engaged in entrepreneurial activity may be an employer with the written consent of the parents (adoptive parents), guardian or a guardianship authority. An individual has employment powers from the moment of state registration as an entrepreneur”. |
| first_indexed | 2024-04-11T21:06:59Z |
| format | Article |
| id | doaj.art-75787fc8df564d04948ba95e280f9b62 |
| institution | Directory Open Access Journal |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| last_indexed | 2024-04-11T21:06:59Z |
| publishDate | 2021-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Вісник Харківського національного університету внутрішніх справ |
| spelling | doaj.art-75787fc8df564d04948ba95e280f9b622022-12-22T04:03:14ZukrKharkiv National University of Internal AffairsВісник Харківського національного університету внутрішніх справ1999-57172617-278X2021-09-01943495710.32631/v.2021.3.04405Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to ContractS. V. Vereitin0Kharkiv National University of Internal AffairsScientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an individual have been researched. It has been found out that the current Code of Labor Laws of Ukraine does not clearly define the moment of emergence of labor legal personality of the employer. Besides, labor law uses different terms to denote this aspect of the contract. It has been recommended to change all synonyms of the term of “employer” for the specified term in all acts of national legislation. It has been stated that the employer can be any legal entity. The employer powers arise from the moment of state registration. Employer powers of legal entities are vested in officials (chiefs, directors, presidents, etc.) who are given the right to hire and fire employees. Separate divisions of legal entities may be employers, if the relevant legal entity delegates part of its authority to them in order to accept the dismissal of employees and the use of their labor. It has been substantiated that we should rely on the full civil capacity of an individual while determining the employment status of the employer being an individual. The author has offered to envisage the following norm in the Labor Code of Ukraine and in the future Labor Code of Ukraine: “An employer may be any individual who has reached the age of eighteen. An individual who has reached the age of sixteen and wishes to be engaged in entrepreneurial activity may be an employer with the written consent of the parents (adoptive parents), guardian or a guardianship authority. An individual has employment powers from the moment of state registration as an entrepreneur”.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/405contractlabor legal relationslabor legal personalityan employeran employee. |
| spellingShingle | S. V. Vereitin Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract Вісник Харківського національного університету внутрішніх справ contract labor legal relations labor legal personality an employer an employee. |
| title | Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract |
| title_full | Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract |
| title_fullStr | Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract |
| title_full_unstemmed | Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract |
| title_short | Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract |
| title_sort | some problems of legal regulation of employer s labor legal personality as a party to contract |
| topic | contract labor legal relations labor legal personality an employer an employee. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/405 |
| work_keys_str_mv | AT svvereitin someproblemsoflegalregulationofemployerslaborlegalpersonalityasapartytocontract |