Labour Law (курсова робота)

Major: Law
Code of subject: 6.081.00.O.020
Credits: 2.00
Department: Civil Law and Procedure
Lecturer: To supervise the course work of the student is appointed a supervisor from among the scientific and pedagogical staff of the department, which is assigned to perform the course work.
Semester: 3 семестр
Mode of study: денна
Learning outcomes: Program learning outcomes (ПР). ПР2. Analyze social processes in the context of the analyzed problem and demonstrate your own vision of ways to solve it. ПР3. Conduct collection and integrated analysis of materials from various sources. ПР4. Formulate your own sound judgments based on an analysis of a known problem. ПР5. Give a brief conclusion on certain factual circumstances (data) with sufficient justification. ПР7. Make and coordinate a plan of own research and independently collect materials from certain sources. ПР8. Use a variety of information sources to fully and comprehensively establish certain circumstances. ПР10. You should use statistical information from primary and secondary sources for your professional activities. ПР16. Explain the nature and content of basic legal phenomena and processes. Communication (COM) COM3. It is accessible and clear to inform the respondent about certain issues. COM4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AiV). AiV4. Ability to demonstrate understanding of current legislation.
Required prior and related subjects: Theory of state and law; Constitutional law; Civil law, part 1.
Summary of the subject: The course work involves systematization, consolidation and expansion of theoretical knowledge, acquaintance with the methods developed by other researchers in the relevant field of legal science, substantiation of the results of their own research. This work is a natural result of theoretical, scientific and practical work of the student during a certain period of study, so the process of writing a term paper is an important and responsible stage of training a lawyer. Execution and defense of course work provides: • in-depth study, systematization and consolidation of theoretical knowledge obtained in a particular period of study in the discipline; • checking the student's ability to correctly determine the relevance of the chosen topic of the course work, identify and analyze scientific, theoretical and practical problems related to it, make theoretical generalizations and conclusions and provide recommendations for their solution; • development of skills of independent scientific work and mastering the methods of scientific research, search for scientific and theoretical sources and work with them; • control of the level of knowledge acquired by the student in the discipline, the ability to concisely and clearly report the main problems and conclusions of the course work and defend them. The purpose of the course work - to consolidate and deepen the theoretical and practical knowledge of students in labor law, to form skills of independent research, to acquaint with the basic methods of research and learn to apply them in practice, while checking knowledge of the discipline "Labor Law".
Assessment methods and criteria: Assessment of the independence and quality of course work is carried out on the basis of public defense before the commission. The quality of course work and the results of its defense are assessed collectively on a 100-point scale, 4-point scale ("excellent", "good", "satisfactory", "unsatisfactory") and the ECTS scale. The results of the assessment of writing, design and defense of course work are reflected in the assessment letter - test sheet. The following parameters are taken into account during the evaluation of the course work: 1) scientific level of research (degree of disclosure of the topic, structural and logical coherence of the presentation of material by sections and subsections, soundness of conclusions and proposals, etc.); 2) compliance with the deadlines for writing and rules of registration of the thesis (level of compliance with current requirements and standards); 3) the results of the defense of the course work (the degree of mastery of the material, the correctness of the answers to questions asked by members of the commission, the ability to justify their answer and, if necessary, to express their views, etc.). According to the national scale, the result of the implementation and defense of the course work is determined as follows: "excellent", "good", "satisfactory", "unsatisfactory". The work performed on a topical topic, which contained an in-depth analysis of a certain scientific and practical problem, is assessed as "excellent". The work does not contain any errors both in terms of theory and methodology of research, and in terms of methodology. During the defense the student demonstrated the ability to apply theoretical knowledge for the practical solution of topical issues, to prove scientific, theoretical and practical conclusions. His answers to the questions of the members of the defense commission were clear, correct, reasonable. The work is assessed as "good", the content of which meets the requirements of the correct scientific and practical approach to the development of issues of a particular direction and in the process of defense the student showed the ability to think logically, but in the answers admitted inaccuracies. The work and its protection are assessed as "satisfactory" if they meet, mainly, the requirements for knowledge of the basic material. At the same time, the answers did not formulate causal links between phenomena and processes precisely, and the operation of facts took place at the level of memorization. Course work and its defense are assessed as "unsatisfactory" if they do not meet the basic requirements: the student did not know most of the course material, could not establish cause-and-effect relationships between phenomena and processes, learned the material without realizing it. If a student defended a term paper on the grade "Unsatisfactory", the order of the university assigns him the topic of the term paper, the supervisor and deadlines. If a student has defended a term paper on "Unsatisfactory" - he must finalize the term paper taking into account the comments received during the defense of the term paper. Terms of completion and defense of course work are set by the meeting of the department. The result of the implementation and defense of the course work is determined by the 100-point scale, the national scale and the ECTS scale. According to the 100-point scale according to the decision made at the meeting of the department, 50 points are given to assess the content, 20 points - to assess the design and organization of the CD and 30 points - to assess its protection. Institutional scale for assessing the achievements of students of the National University "Lviv Polytechnic" According to the 100-point scale of the University According to the national scale 100-88 points Certified with a grade of "excellent" 87-71 points Certified with a grade of "good" 70-50 points Certified with a grade of "satisfactory" 49-26 points Not certified 25-00 points Not certified with a grade of "unsatisfactory"
Recommended books: 1. Belous ZV Modern approaches to the supervision and control of compliance with labor legislation of the European Union. Scientific Bulletin of Public and Private Law. 2018. Vip. 4. pp. 60–64. 2. Belous ZV Supervision and control of compliance with French labor law in the context of the 2011 reform of the Labor Code. Право.UA. 2018. № 2. S. 129–135. 3. Belous ZV Legal bases of supervision and control over observance of labor legislation in Poland. Rule of Law International Scientific Journal. 2018. № 2. S. 191–196. 4. Boyko MD Labor law of Ukraine: textbook. way. Kyiv: Attica, 2008. 316 p. 5. Boyko MD Labor law of Ukraine. Tutorial. Kyiv: Center for Educational Literature. 2017. 400 p. 6. Bolotina NB Labor law of Ukraine: a textbook. Kyiv: Knowledge, 2008. 860 p. 7. Bontlab VV Regulatory and legal support for resolving labor disputes in the EU. Law and society. № 2019. 4. S. 113–120. 8. Bontlab VV Labor law of Ukraine: basics of labor theory. rights: textbook method; Nat. Kyiv-Mohyla University acad ”[etc.]. Kyiv: Promin, 2010. 280 p. 9. Economic Code of Ukraine of January 16, 2003. URL: http://zakon0.rada.gov.ua/laws/show/436–15. 10. Dmitrenko YP Labor law of Ukraine: textbook. Kyiv: Yurinkom Inter, 2009. 621 p. 11. Dolgikh NP, Dolgikh NP, Marushchak VP Labor law: textbook. way. Nat. acad. state упр. under the President of Ukraine, Odessa. region. Inst. упр. Odessa: ORIDU NADU, 2011. 195 p. 12. Karkachova AV Labor law: lecture notes. Donets. state un-t upr. Donetsk: Technopack, 2012. 187 p. 13. Karlitsky SM Labor law of Ukraine: textbook. way. Kyiv: Precedent, 2006. 210 p. 14. Karlyukova NM Control tasks and methodical recommendations for their implementation from the course "Labor Law" for students of all specialties of all forms of education / Kharkiv state. University of Economics; structure. NM Karlyukov. Kharkiv: KhDEU, 2004. 32 p. 15. Code of Labor Laws of Ukraine of December 10, 1971. URL: http://zakon1.rada.gov.ua/laws/show/322-08. 16. Komarnytsky VI Labor law: method. way. for students. jurid. f – tu; Beech. University Chernivtsi: City, 2012. 63 p. 17. Komarov VA Labor law: teaching method. manual on the implementation, design and defense of term papers for cadets and students. Luhansk state University of Internal Affairs named after EO Didorenko / Luhansk state. University of Internal Affairs named after EO Didorenko; structure. VA Komarov Lugansk: RVV LDUVS them. EO Didorenko, 2008. 184 p. 18. Komarov VA Labor law: Teaching method. recommendations for the seminar. and practical. classes for cadets and students. II course / way. V.A. Комаров; Luhansk state. University of Internal Affairs. Department of Civil Law and Procedure. Lugansk: RVV LDUVS, 2007. 216 p. 19. Constitution of Ukraine of June 28, 1996 URL: http://zakon4.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80. 20. Kostyuchenko OE Realization of social purpose of labor law in Ukraine: monograph. Kharkiv, Law, 2018. 392 p. 21. Lavrinenko OV Labor law and social security law: educational and methodical materials: textbook. way. Donetsk: Weber, Donetsk. branch, 2007. 514 p. 22. Lavrinenko OV Labor law of Ukraine. Part 2 2007. 386 c. 23. Melnik K.Yu. Labor law of Ukraine: textbook; Kharkiv. nat. un-t vnutr. affairs. Kharkiv: Disa Plus, 2014. 479 p. 24. Melnichuk OA, Melnichuk OF Labor law of Ukraine: textbook. manual. Vinnytsia: Edelweiss and K, 2009. 328 p. 25. Miroshnichenko OA Labor law of Ukraine: textbook. manual; International. scientific and technical University named after Ю. Бугая. К.: [Дорадо – Друк], 2010. 242 с. 26. Ostapenko LO, Panyonko IM, Dembitska SL Labor law: teaching method. manual; Nat. Lviv University Polytechnic ". Lviv: Lviv Publishing House. Polytechnic, 2013. 154 p. 27. Pavlov-Samoil NP, Adam VM, Godyak AI Labor law (concepts, schemes, tables): textbook. way. Lviv. state un-t vnutr. affairs. L.: LvDUVS, 2013. 171 p. 28. Perevalova LV, Avramova OE, Gaevaya OV Labor law: teaching method. way. for students. econ. special day. and in absentia. forms of education; Nat. tech. University of Kharkiv. Polytechnic etc. ». H .: NTU "KhPI", 2012. 55 p. 29. List of works in the performance of which collective (brigade) material responsibility can be introduced: order of the Ministry of Labor of Ukraine dated 12.05.96. URL: http://zakon1.rada.gov.ua/laws/show/z0286–96. 30. Quail IK Tests to test knowledge of the discipline "Labor Law" for students of all specialties of full-time education / lifestyle. I.K. Quail; Kharkiv National University of Economics Kh .: KhNEU Publishing House, 2006. 18 p. 31. Pilipenko PD Code of Labor Laws of Ukraine with article-by-article materials of judicial practice: [Scientific-practical edition]. Kyiv: Istina, 2010. 464p. 32. Pilipenko PD Labor law of Ukraine. Workshop: textbook. way. for students; Lviv. nat. University named after Ivan Franko. Kyiv: In Jure, 2014. 349 p.

Labour Law

Major: Law
Code of subject: 6.081.00.O.019
Credits: 6.00
Department: Civil Law and Procedure
Lecturer: N. Zabolotna, L.Ostapenko
Semester: 3 семестр
Mode of study: денна
Learning outcomes: As a result of studying the discipline a student must be able to show such results of studies : Programmatic results of studies (ПР): ПР2. To carry out the analysis of public processes in the context of the analyzable problem and demonstrate their own vision of ways of her decision. ПР4. To formulate own reasonable judgments on the basis of analysis of the known problem. ПР15. To demonstrate necessary knowledge and understanding of the essence and maintenance of basic legal institutes and norms of the fundamental fields of law. ПР16. To explain the nature and maintenance of the basic legal phenomena and processes. ПР17. Apply the purchased knowledge in different legal situations, to distinguish legally meaningful facts and to form reasonable legal conclusions. ПР18. To prepare the projects of necessary acts of application of right in accordance with a legal conclusion done in different legal situations. ПР19. To give consultations in relation to the possible methods of protection of rights and interests of clients in different legal situations. ПР20. To know the category vehicle of legal science. ПР21. To know the mechanism of realization of rights and freedoms of man. ПР23. To analyze and correctly apply the norms of material and judicial right. ПР29. To analyze the situation plots of a story and decide legal tasks. Communication (КОМ) КОМ 4. To explain the character of certain events and processes with understanding a professional and public context. Autonomy and responsibility (АіВ). АіВ 1. Ability to adapt oneself to new situations and accept corresponding decisions. АіВ 3. Ability responsibly to behave to executable work, independently to make a decision, arrive at the put aim with the observance of requirements of professional ethics. АіВ 4. Ability to demonstrate understanding of current legislation.
Required prior and related subjects: Related and subsequent disciplines Labor right (term paper) Civil procedure
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, the liability of the parties to the employment contract, legal regulation of labor protection, labor disputes solutions, international legal regulation of labor.
Assessment methods and criteria: Control of student learning outcomes is a component of the educational process, which is carried out in order to establish the compliance of student learning outcomes with the requirements of educational programs. The main types of control of student learning outcomes are current and semester control. In the use of interactive technologies, classes are held inactive and creative forms. Problem-based and review lectures, "active" seminars with elements of "business game", training, classes with the use of the computer-communication component. Teaching methods are used for the formation of skills: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); 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; method of problem statement; partial search or heuristic; research. Advantage of productive methods: problem-solving, part-search and research methods, presentations, case studies, trainings and business games, conversations and discussions, work in VNS, "electronic lectures", seminars, distance consultations - aimed at activating and stimulating educational cognitive student activities. Methods of diagnostics of knowledge, which 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. The final grade in the discipline "Labor Law" for full-time students consists of an assessment of current control of learning outcomes during the semester and assessment of learning outcomes during the control event during the semester control in the form of an exam. 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 practical classes, 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 (incidents); 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 of "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, teaching aids) and recommendations, controlled in the form of test tasks, tests, colloquia, abstracts, reports. Semester control: SK in the discipline of "Labor Law" is conducted in the form of an exam on the cumulative system in the terms provided by the schedule of the educational process The examination in the discipline is conducted by a lecturer with the participation of an assistant or other teacher who conducted practical classes in the discipline. During the SC, before drawing up the EC on the subject, the teacher conducts a consultation for students. Knowledge diagnostic methods, which 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. Criteria for evaluating the learning outcomes of full-time students The maximum score in points 100 Current control (ПК): - oral examination - 35 points; - performance in practical classes (abstract) - 5 points; Total for PC - 40 points. Examination control: - written component - 50 points; - oral component - 10 points. Total for the discipline 100 points.
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. Getmantseva N.D. Labor law of Ukraine (Special part): textbook. way. Chernivtsi: Ruth. 2014. 503 p. 17. Inshin M.I. Labor law of Ukraine: textbook. H .: Disa plus. 2014. 499 p. 18. Melnyk K.Yu. Labor law of Ukraine: textbook. Kharkiv: Disa Plus. 2014. 479 p. 19. Pilipenko P.D. Labor law of Ukraine. Workshop: textbook. way. for university students Kyiv: In Jure, 2014. 349 p. 20. Prilipko S.M. Labor law of Ukraine: textbook. for law students. special higher textbook lock Kharkiv: Law. 2014. 757 p. 21. Boyko M.D. Labor law of Ukraine: textbook. way. K .: Attica, 2008. 316 p. 22. 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. Korolchuk L. The right to social leave: scientific and theoretical aspect. Entrepreneurship, economy, and law. 2018. № 9. P. 85–90. Websites: - http://rada.gov.ua/# -official portal of the Verkhovna Rada of Ukraine (legislation); - http://www.nbuv.gov.ua/ - National Library of Ukraine named after V.I. Vernadsky (Scientific Periodicals of Ukraine, Scientific Electronic Library, Abstracts of dissertations, etc.), etc. - http://www.lsl.lviv.ua/ - Lviv National Scientific Library of Ukraine named after V. Stefanyk - http://vns.lp.edu.ua - Virtual learning environment of the National University "Lviv Polytechnic".