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Labour Law
Major: International Relations
Code of subject: 6.000.00.M.026G
Credits: 3.00
Department: Civil Law and Procedure
Lecturer: U. Bek
Semester: 3 семестр
Mode of study: денна
Завдання: The task of the discipline is the students' study of legal sources that regulate the procedure for the emergence, change and termination of labor relations and relations between the labor team and the employer, as well as their mastery of the main practical problems that exist in the field of the use of hired labor on the basis of labor contracts.
Learning outcomes: As a result of studying the discipline, the student must be able to demonstrate the following program learning outcomes (ПР):
ПР32 (ЗВО). Demonstrate knowledge of legal norms that determine the organization and content of public authorities.
Line 1: Educational and legal activities
ПР36 (ЗВО). Apply digital technologies in the educational process of educational institutions.
Line 2: Professional mobility of the teacher
ПР40 (ЗВО). Be able to organize activities in accordance with the standards and recommendations (ESG-2015) to ensure the quality of education, knowledge and understanding of the social nature of labor relations and their legal regulation.
Required prior and related subjects: Previous disciplines:
Ukrainian language (for professional purposes);
Philosophy
Related and subsequent disciplines
History of statehood and culture of Ukraine
Summary of the subject: The content of the discipline is the concept, subject, method and system of labor law of Ukraine, functions and basic principles of labor law, sources of labor law, subjects of labor law, employment contract, employment procedure, change of employment contract, termination of employment contract, legal regulation of employment and employment legal principles of social dialogue, legal regulation of working hours, rest time under labor law, legal regulation of wages, labor discipline, disciplinary liability under labor law, liability of the parties to the employment contract, labor disputes and the procedure for resolving them.
Опис: Topic: General principles of labor law of Ukraine.
Topic: Hiring procedure.
Topic: The procedure for terminating an employment contract.
Topic: Legal principles of social dialogue and the procedure for concluding a collective agreement.
Topic: Procedure for regulation of working time and rest time.
Topic: Liability of parties to an employment contract under labor law.
Topic: Labor disputes and their resolution procedure.
Assessment methods and criteria: Forms and methods of teaching. In terms of the use of interactive technologies, classes are held in active and creative forms. Problem-based and review lectures, "active" seminars with elements of "business game", trainings, classes with the use of computer-communication component.
The main markers of the organization of the educational process in the discipline "Labor Law" are the formation of competencies, development of competencies, testing and / or assessment of competencies, correction of basic competencies, combined, interactive, integrated classes (discussion group), classes with students others), classes of the "press conference" format, business games, forums, briefings, quests, etc.
Teaching methods are used for the formation of skills: verbal / verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); practical (experiment, practice); explanatory-illustrative or information-receptive (involves the presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks on the model; problem statement method; partial search or heuristic; research.
Methods of diagnostics of knowledge, which indirectly determine the level of achievement of the planned cognitive results in the discipline "Labor Law", endowed with transparent evaluation criteria, provide objective current and final control.
During the control measures, a system of objective assessment of knowledge, skills and abilities is used, in particular, with the use of innovative technical means, interactive platforms. Test tasks in the discipline "Labor Law" - for intermediate and final control of students' knowledge, are part of the educational and methodological complex, are included in the packages of qualification tasks in the discipline.
The means of diagnosing knowledge (learning success, qualitative and quantitative indicators) are: conducting current and final control of students' knowledge.
Current control of knowledge is an organic part of the whole educational process and serves as a means of identifying the degree of perception (assimilation) of educational material in the discipline of "Labor Law". Assessment of students' knowledge on the basis of current control data is carried out by monitoring the activity during the study of the program material of the discipline, including answers to seminars, preparation of reports, reports and analytical materials, etc. Current control is carried out in order to determine the readiness of students for classes in the following forms: frontal standardized oral interview of students on the main issues of discourse; frontal inspection of individual tasks; calling individual students to independently solve practical problems or situations (cases); blitz - a survey, which is either a continuous survey of all students present or a sample survey of those present.
Independent and individual work of students involves a purposeful search for effective ways to study the discipline "Labor Law", a conscious attitude and consistency in work, the ability to use existing literature and regulations, to plan their own work.
Student's independent work is work on a certain list of topics (tasks) set aside for independent study, provided with educational and methodical literature (NMC, educational and methodical manuals) and recommendations, controlled in the form of test tasks, tests, colloquia, abstracts, reports.
Final (semester) control: test tasks of different levels of complexity, case tasks (tasks), theoretical questions (normative, problem, discussion direction).
Distribution of points on a 100-point scale
Current control (PC):
- oral examination in practical classes - 35 points;
- presentation at practical classes with an abstract, report - 35 points;
- testing students' knowledge on the relevant topic of the lecture course - 10 points.
- written test - 20 points.
Критерії оцінювання результатів навчання: Assessment of the level of achievement of learning outcomes is carried out in view of the student’s ability to collect the necessary information, acquire knowledge that allows to reproduce facts, demonstrate the necessary knowledge and understanding of the essence and content of the main legal institutions and norms of law, understand their content and nature, the ability to apply knowledge in a new situations with variable conditions, distinguish legally significant facts and form reasonable legal conclusions, give an assessment, show advantages and disadvantages, make a general conclusion, show interest in the necessary information, form in him an idea of how to act and readiness to perform actions under guidance teacher and independently, to provide advice on possible ways to protect the rights and interests of clients in various legal situations, etc.
When evaluating students' knowledge during current control, the following is taken into account:
- the ability to differentiate, integrate and unify knowledge;
- ability to apply rules, methods, principles in specific situations;
- skills of correlation of causes and effects;
- the ability to analyze and evaluate facts, events, phenomena and predict the desired results from the decisions made;
- the ability to present a written answer grammatically and stylistically competently, logically, consistently using scientific terms of concepts (the last three criteria also apply to an oral answer).
Порядок та критерії виставляння балів та оцінок: Procedure and criteria for assigning points and grades
Criteria for evaluating student knowledge and skills:
Criteria for evaluating the student's knowledge and skills based on the results of studying the educational material of the component on a 100-point scale:
100–88 points – (“excellent”)
87–80 points – (“very good”)
79–71 points – (“good”)
70-61 points - ("mediocre")
60–50 points – (“satisfactory”)
25–00 points – (“unsatisfactory” with mandatory re-study)
Recommended books: Basic:
1. Constitution of Ukraine: accepted on the fifth session of Verkhovna Rada of Ukraine on June, 28 in 1996 URL: https://zakon.rada.gov.ua/laws/show/254к/96 -вр#of Text.
2. Labour code Ukraine from 10.12.1971 URL: https://zakon.rada.gov.ua/laws/show/322 - 08#Text.
3. About collective agreements and agreements: Law of Ukraine from 01.07.1993 URL: https://zakon.rada.gov.ua/laws/show/3356 - 12#Text.
4. About a social dialogue in Ukraine: Law of Ukraine from 23.12.2010 URL: https://zakon.rada.gov.ua/laws/show/2862 - 17#Text.
5. About the remuneration of labor: Law of Ukraine from 24.03.1995 URL: https://zakon.rada.gov.ua/laws/show/108/95 -вр#of Text.
6. About the order of decision of collective labor spores (conflicts): Law of Ukraine in 03.03.1998 URL: https://zakon.rada.gov.ua/laws/show/137/98 -вр#of Text.
7. About trade unions, their rights, and guarantees of activity: Law of Ukraine from 15.09.1999 URL: https://zakon.rada.gov.ua/laws/show/1045 - 14#Text.
8. About employment of population: Law of Ukraine from 05.07.2012 URL: https://zakon.rada.gov.ua/laws/show/5067 - 17#Text.
9. About vacations: Law of Ukraine from 15.11.1996 URL: https://zakon.rada.gov.ua/laws/show/504/96 -вр#of Text.
10. About labor protection: Law of Ukraine from 14.10.1992 URL: https://zakon.rada.gov.ua/laws/show/2694 - 12#Text.
11. About application of contract form of labor contract with the leader of the enterprise that is in national property: Resolution of КМУ from 19.03.1993 URL: https://zakon.rada.gov.ua/laws/show/203 -93-п#of Text.
12. About organization of application of contract form of labor contract: Resolution of КМУ from March, 19 in 1994 URL: http://zakon1.rada.gov.ua/laws/show/170 -94-п.
13. Instruction about the order of conduct of labor books of workers, ratified by Ministry of labor, Мінюстом, Мінсоцзахисту in 29.07.1993 URL: http://zakon4.rada.gov.ua/laws/show/z0110 - 93.
14. About the claim of Order of grant of annual basic vacation by duration to 56 calendar days leading, pedagogical, to the науковопедагогічним workers of education and research workers: Resolution of Cabinet of Ministers of Ukraine, in 14.04.1997 URL: http://zakon5.rada.gov.ua/laws/show/346 -97-п
15. About the claim of Order, duration and terms of grant of annual vacations to the workers that study in higher educational establishments with the evening and in absentia forms of studies, where an educational process has its features: Resolution of КМУ from 28.06.1997 URL: http://zakon5.rada.gov.ua/laws/show/634 -97-п
16.Instruction on business trips within Ukraine and abroad: / Order of the Ministry of Finance of Ukraine dated 13.05.1998 № 59 URL .: https://zakon.rada.gov.ua/laws/show/z0218-98#Text.
17. Methodical recommendations on the establishment of flexible working hours: Order of the Ministry of Labor and Social Policy of Ukraine dated 04.10.2006 № 359. URL .: https://zakon.rada.gov.ua/rada/show/v0359203-06# Text.
18. Methodical recommendations on the application of summary accounting of working time: Order of the Ministry of Labor and Social Policy of 19.04.2006. № 138 URL .: https://zakon.rada.gov.ua/rada/show/v0138203-06#Text.
19. Methodical recommendations on the procedure for resolving collective labor disputes (conflicts) in order to protect the rights of employees: Recommendations of the FPSU dated 11.08.2015 URL .: https://zakon.rada.gov.ua/rada/show/n0002580-15# Text
20. Getmantseva N.D. Labor law of Ukraine (Special part): textbook. way. Chernivtsi: Ruth. 2014. 503 p.
21. Inshin M.I. Labor law of Ukraine: textbook. H .: Disa plus. 2014. 499 p.
22. Melnyk K.Yu. Labor law of Ukraine: textbook. Kharkiv: Disa Plus. 2014. 479 p.
23. Pilipenko P.D. Labor law of Ukraine. Workshop: textbook. way. for university students Kyiv: In Jure, 2014. 349 p.
24. Prilipko S.M. Labor law of Ukraine: textbook. for law students. special higher textbook lock Kharkiv: Law. 2014. 757 p.
25. Boyko M.D. Labor law of Ukraine: textbook. way. K .: Attica, 2008. 316 p.
26. Bolotina N.B. Labor law of Ukraine: textbook. Manual. K .: Knowledge, 2008. 375 p.
Auxiliary:
1. Decision of Constitutional Court of Ukraine from October, 29 in 1998 (on the right about a trade union that operates on an enterprise). The official announcer of Ukraine. 1998. № 45.
2. Decision of Constitutional Court of Ukraine from July, 9 in 1998 (on the right about interpretation of term "legislation"). The official announcer of Ukraine. 1998. № 32. Century 120.
3. About application of Constitution of Ukraine during realization of justice: Resolution of Plenum of Supreme Court of Ukraine from 01.11.1996, № 9. Бюл. зак-ва and юрид. practices of Ukraine. 2004. - № 5.
4. About the practice of application of legislation about the remuneration of labor: Resolution of Plenum of ВСУ from Decembers, 24 of 1999 р of URL: http://zakon5.rada.gov.ua/laws/show/v0013700 - 99
5. About the practice of consideration of civil cases by courts on claims for damages: Resolution of the Plenum of the Supreme Court of Ukraine of March 27, 1992 URL: http://zakon4.rada.gov.ua/laws/show/v0006700-92
6. About the practice of consideration of civil cases by courts on claims for damages: Resolution of the Plenum of the Supreme Court of Ukraine of March 27, 1992 URL: http://zakon4.rada.gov.ua/laws/show/v0006700-92
7. About the practice of consideration of civil cases by courts on claims for damages: Resolution of the Plenum of the Supreme Court of Ukraine of March 27, 1995 URL: http://zakon4.rada.gov.ua/laws/show/v0004700-95
8. About judicial practice in cases of compensation for moral (non-pecuniary) damage: Resolution of the Plenum of the Supreme Court of Ukraine of March 31, 1995 URL: http://zakon4.rada.gov.ua/laws/show/v0004700-95
9. About Judicial Practice in Cases of Compensation for Damage Caused to Enterprises, Institutions, Organizations, and Their Employees: Resolution of the Plenum of the Supreme Court of Ukraine of December 29, 1992 URL: http://zakon5.rada.gov.ua/laws/show/v0014700-92
10. About the practice of application by courts of legislation on the remuneration of labor: Resolution of the Plenum of the Supreme Court of Ukraine of 24.12.1999, № 13. URL: http://zakon5.rada.gov.ua/laws/show/v0013700-99.
12. Zhernakov V. Legal regulation of labor: the ratio of labor and civil law. Law of Ukraine. 2000. № 7. P. 49–53.
13. Zhiravovich D. The impact of international labor standards on domestic labor law. Law of Ukraine. 2001. № 3. P. 69–74.
14. Lazor V.V. Labor collective as a subject of labor law and a party to labor disputes. Law of Ukraine. 2003. № 10.P. 100–103.
15. Reus O. Features of termination of employment with minors. Law of Ukraine. 2001. № 8. P.78.
16. Tyshchenko O. Dismissal for immoral misconduct of an employee who performs educational functions: legal issues. Law of Ukraine. 2000. № 6. P.46–52.
17. Shvecz` N.M.The right to strike and the conditions of its implementation: a monograph. X .: Pravo, 2009. 224 p.
18. Yakovlev O. Termination of the employment contract on the basis of Art. 37 of the Labor Code of Ukraine. Law of Ukraine. 2002. № 6. P.82–84.
19. Yakovlev O. The role of third parties in the termination of employment. Law of Ukraine. 2001. № 12. P. 102–106.
20. Ostapenko L.O. On the role of state policy of Ukraine and legal principles in the regulation of labor relations. Scientific Bulletin of Kherson State University: Coll. Science. works, series: Jurisprudence. Vip. 1. T. 2. 2018. P. 122-124.
21. Vasilko I.V. On the problem of determining the principles of labor rights of employees working for employers - individuals. Entrepreneurship, economy, and law. 2018. №7. Pp. 82–86.
22. Ostapenko L.O. On the sources of legal regulation of employment and employment. International scientific journal "Internauka". Series: "Legal Sciences". 2018. №4 (9). P. 46-51.
23. Dobrodumov P.A. Record keeping and documentation: a textbook. Amounts: UABS NBU. 2014. 209 p.
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