ПРОБЛЕМА ЗАСТОСУВАННЯ СПРОЩЕНОГО РЕЖИМУ РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН

Abstract

The article examines the novella of our current current labor legislation regarding the simplified regime of regulation of labor relations. Special attention is paid to the problems of its application in practice and compliance with the current normative legal acts on the labor of Ukraine. It was determined that such a regime makes it possible to conclude an employment contract not only by legal entities, but also by natural persons - entrepreneurs, at the same time it raises questions regarding the application of the Procedure for registering an employment contract between an employee and a natural person who uses hired labor. In addition, the authors address the question of the voluntariness of concluding an employment contract under the simplified regime and thus come to the conclusion that voluntariness is the basis of any labor relations, including the regime of their regulation. Particular attention is paid to the item that specifies the requirements for keeping documentation on personnel issues, adopting local regulations and organizational and administrative documentation, including regarding the regime of working hours and rest time, vacations, as well as other documents on issues regulated by the employment contract, not apply to employers who apply the simplified regime. Deficiencies are noted, as well as the duplication of norms specified in Article 49-5 of the Labor Code of Ukraine with other normative acts on labor.

It was determined that the current legislation on labor, in the conditions of martial law, really needs serious correction. But, as it turned out during the study of the issue of the simplified regime of labor relations, it became clear that the so-called "simplification" did not take place. And that is why it is proposed to harmonize the norms of Chapter III-B of the Labor Code of Ukraine "Simplified regime for the regulation of labor relations" with the norms of the current labor legislation of Ukraine, as well as to set out in a new version Article 26 of the Law of Ukraine "On Vacations" and paragraph 7 of Article 79 of the Labor Code of Ukraine.