Labour Law
Major: Fine Arts, Decorative Art, Restoration
Code of subject: 6.023.00.M.54
Credits: 3.00
Department: Civil Law and Procedure
Lecturer: N.Pavliv-Samoil
Semester: 4 семестр
Mode of study: денна
Learning outcomes: To know: procedure of documenting of individual and collective relations at enterprises, establishments, organizations; procedure of conducting collective bargaining when concluding a collective labor agreement; content and procedure of local normative acts adoption; documenting of the procedure of concluding a labor contract, employment agreement; drawing up accompanying documents of various types for an employee’s transfers; documenting termination of employer-employee relations: on the employee’s initiative, on the employer’s initiative, on the initiative of third party that is not a party to the employment agreement; procedure of the establishment and regulation of working hours, their separate types and patterns; procedure and documenting of granting leaves envisaged by legislation; procedure and documenting of bringing employees to responsibility: disciplinary, material; fulfillment of organizational measures for labor protection at enterprises, establishments, organizations; fundamentals of regulation of social-partnership relations.
To be able: to use competently normative legal acts; to determine the procedure of adoption and documenting local normative acts; to characterize the rights and responsibilities of the employee, employer, working collectively; to determine grounds and procedure of bringing employees to be disciplinary and material responsibility; of to settle collective and individual labor disputes; to analyze controversial issues, arising in practice (in the sphere of employment of hired labor based on employment agreements) applying the norms of labor legislation and their consideration in judicial proceedings.
Required prior and related subjects: Theory of state and law;
Constitutional law.
Summary of the subject: Goal: to provide for the students foundational knowledge of practical application of the norms of labor laws of Ukraine; promote acquiring by the students of the skills of unsupervised work, which will permit to advance and upgrade practical skills in the sphere of employment of hired labor and social partnership; to form law-governed legal awareness and boost the level of legal culture.
The task of the discipline learning by students of the legal and regulatory sources regulating procedure of appearance, changing and termination of labor relations and relations between the work collective and the employer and mastering by them of the main practical problems existing in the sphere of employment of hired labor based on employment agreements.
Assessment methods and criteria: Rating of recitation during practical classes; presentations during practical classes of the reference paper, report, participation in a discussion, etc.; knowledge evaluation tests of students in the relevant subject of the lecture course; written tests (answers to the questions of the lecture course, solving of practical problems, exercising, etc.); execution of homework assignment; examination.
Recommended books: 1. Vyshnovetska S. The notion and peculiarities of labor procedural relations. Business, economy and law. 2004. No. 4. p. p. 71 – 74.
2. Dobrodumov P. О. Records management and documentation: instructional guide. Sumy: State Higher Educational Establishment «UABS NBU». 2014. p. 209.
3. Instructions on the procedure of keeping records in the employees’ work record books: Order of the Ministry of Social Security No. 58. of 29.07.1993 URL.: https://zakon.rada.gov.ua/laws/show/z0110-93#Text .
4. Instruction on the procedure of filing dismissal of individuals from work or other activities: Order of the Ministry of Public Health of Ukraine No. 66 of 14.04.1995. URL.: https://zakon.rada.gov.ua/laws/show/z0270-95#Text .
5. Instruction on the official business trips в within Ukraine and abroad: / Order of the Ministry of Finance of Ukraine No. 59 of 13.05.1998. URL.: https://zakon.rada.gov.ua/laws/show/z0218-98#Text .
6. Kozak Z. Sphere of agreement-based regulation under the labor law. Herald of Lviv University. Law series. 2002. Issue 37. p. p. 343 – 348.
7. Leshchukh D. R. Drawing up a contract of employment: problems of terminology and legal regulation. Herald of Lviv University. Law series. 2003. No. 38. p. p. 35 – 41.
8. Methodological recommendations on establishment of a flexible work time pattern: Order of the Ministry of Labor and Social Policy of Ukraine No. 359 of 04.10.2006. URL.: https://zakon.rada.gov.ua/rada/show/v0359203-06#Text .
9. Methodological recommendations on application of summarized recording of working time: Order of the Ministry of Labor and Social Policy No. 138 of 19.04.2006. URL.: https://zakon.rada.gov.ua/rada/show/v0138203-06#Text .
10. Methodological recommendations on the procedure of settlement of collective labor disputes (conflicts) in order to protect the employees’ rights: Recommendations of the Federation of Trade Unions of Ukraine of 11.08.2015. URL.: https://zakon.rada.gov.ua/rada/show/n0002580-15#Text .
11. Parpan Т. V. On invalidity of labor agreement provisions. Herald of Lviv University. Law series. 2002. Issue 37. p. p. 354 – 358.
12. Parpan Т. V. On essential provisions of labor agreement. Herald of Lviv University. Law series. 2001. Issue 36. p. p. 366 – 369.
13. Pylypenko P. D. Ways of concluding a labor agreement. Law of Ukraine. 2001. No. 4. p. p. 56 – 60.
14. On approval of standard forms of initial employment documentation on labor statistics (Forms No. P-1, P-2, P-3, P-4, P-5, P-6, P-7): Order of State Committee for Statistics of Ukraine of 05.12.2008 No. 489. URL.: https://zakon.rada.gov.ua/rada/show/v0489202-08#Text .
15. Review of the practice in proceedings involving labor disputes: Ruling of the Plenum of the Supreme Court of Ukraine of 06.11.1992. URL.: https://zakon.rada.gov.ua/laws/show/v0009700-92#Text .
16. Recommendations on the procedure of granting annual additional leave for the specific type of work to employees with working day without fixed working hours: Order of the Ministry of Labor and Social Policy of Ukraine of 10.10.1997. URL.: https://zakon.rada.gov.ua/laws/show/z0110-93#Text .
17. Reus О. Peculiarities of employer-employee relations termination with minors. Law of Ukraine. 2001. No.8. p. p. 78 – 83.
18. Slipenko R. Evolvement labor procedural law as an independent branch of the Ukrainian law. Law of Ukraine. 2007. No.7. p. p. 41 – 45.
19. Tsaryova І. V. Legal document science: textbook. Dnipro: Dnipropetrovsk State University of Internal Affairs. 2017. p. 72.