Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration
The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodol...
| Autori principali: | , |
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| Natura: | Articolo |
| Lingua: | English |
| Pubblicazione: |
Sciendo
2018-12-01
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| Serie: | Baltic Journal of Law & Politics |
| Soggetti: | |
| Accesso online: | https://doi.org/10.2478/bjlp-2018-0009 |
| _version_ | 1830131198887723008 |
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| author | Inshyn Mykola Moskalenko Olena |
| author_facet | Inshyn Mykola Moskalenko Olena |
| author_sort | Inshyn Mykola |
| collection | DOAJ |
| description | The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage. |
| first_indexed | 2024-12-17T06:11:24Z |
| format | Article |
| id | doaj.art-f901b824995049b5a89bf12b0b4904df |
| institution | Directory Open Access Journal |
| issn | 2029-0454 |
| language | English |
| last_indexed | 2024-12-17T06:11:24Z |
| publishDate | 2018-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj.art-f901b824995049b5a89bf12b0b4904df2022-12-21T22:00:37ZengSciendoBaltic Journal of Law & Politics2029-04542018-12-0111213110.2478/bjlp-2018-0009bjlp-2018-0009Ensuring Freedom of Labor in Ukraine in the Context of Labor EmigrationInshyn Mykola0Moskalenko Olena1Professor; Dr. Taras Shevchenko National University of Kyiv, Faculty of Law (Ukraine)Professor; Dr. H. S. Skovoroda Kharkiv National Pedagogical University, Faculty of Law (Ukraine)The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.https://doi.org/10.2478/bjlp-2018-0009labor freedomlabor migrationukrainian workerlabor emigrantforced laborright to laborproposals |
| spellingShingle | Inshyn Mykola Moskalenko Olena Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration Baltic Journal of Law & Politics labor freedom labor migration ukrainian worker labor emigrant forced labor right to labor proposals |
| title | Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration |
| title_full | Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration |
| title_fullStr | Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration |
| title_full_unstemmed | Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration |
| title_short | Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration |
| title_sort | ensuring freedom of labor in ukraine in the context of labor emigration |
| topic | labor freedom labor migration ukrainian worker labor emigrant forced labor right to labor proposals |
| url | https://doi.org/10.2478/bjlp-2018-0009 |
| work_keys_str_mv | AT inshynmykola ensuringfreedomoflaborinukraineinthecontextoflaboremigration AT moskalenkoolena ensuringfreedomoflaborinukraineinthecontextoflaboremigration |