Theoretical Principles Of Contractual Regulation Of Labor Relations

  • N.V. Kokhan
Keywords: labor contract, labor relations, contractual method of legal regulation, imperative method of legal regulation, centralized and local legal regulation.


The right to work is realized through the conclusion of an employment contract between a citizen and an employer. The principle of freedom of labor has a legal reflection in the contract, the essence of which is an agreement. It is worth noting the significance of an employment contract as a normative act that has a local character, and the main purpose of local normative legal acts is to specify the instructions of the law regarding the conditions of the activity of the respective collective, without going beyond the law and without limiting the initiative of the executors acting within the limits of the law. The practice of concluding labor contracts and the position of both parties in labor relations creates the necessity of its settlement, except for the contract, by the centralized method. That is, at the level of the Labor Code of Ukraine, to establish key guarantees for a person who concludes an employment contract. The optimal combination of centralized and local legal regulation is one of the basic principles of labor law in Ukraine. It determines the procedure and conditions for the establishment of rights and obligations of the subjects of labor and related legal relations. Its meaning is that the basic guarantees of the protection of labor rights of the subjects of labor relations are established by laws and by-laws, and the rest of the rules of regulation of labor are determined by the parties in agreement with each other in the manner prescribed by the centralized norms, independently. it should be noted that an employment contract is intended to consolidate and develop a contractual method of regulating labor relations. However, it should be noted that the decentralization of legal regulation, which manifests itself in the restriction of state interference in the field of labor relations, promotes the democratization of society, the direct inclusion of workers and employers in the process of creating legal norms. It is important that the distribution of individual contractual regulation does not lead to a reduction in the level of social protection of employees in labor relations. At the same time, local norms are established in a contractual manner, should develop and supplement norms established in a normative manner. Contractual norms should specify the rights, obligations established by the parties, taking into account the possibilities of each party to labor relations and based on the guarantees provided by law.