GENERAL PRINCIPLES OF CIVIL LEGISLATION AS A GUARANTEE OF LABOR RIGHTS

Abstract

The article highlights the issue of compliance with the guarantees of citizens' rights when concluding employment contracts and civil law contracts for the performance of work in connection with the peculiarities of legal regulation in the conditions of quarantine and martial law. The content of the principle of freedom of contract in civil law and freedom of employment contract in labor law is analyzed. Pointing out the differences in the object of labor and civil legal relations, the guarantees provided for the subjects of legal relations by labor and civil law, it is proved that common to labor and civil contracts, which are the basis for the emergence of the respective relations, is the contractual nature of defining their content, which is based on the mutual free will of the parties. It is stated that working time should be considered as the obligation of the employee to perform work during a certain period (days, hours, minutes) and as a measure of work, for the performance of which the employer undertakes to pay the employee a salary. On the basis of this, the conclusion that working time is a period of time during which the employee is obliged to perform the work defined by the employment contract, as well as other periods that, according to the law, are counted as working time, is substantiated. Analyzing the norms of the Labor Code of Ukraine, which regulate the working time regime, it was established that the legal regulation of flexible working time regime and employment contract with non-fixed working hours significantly reduce the guarantees of labor rights of citizens and employees, since the parties are limited only by the duration of working time and are free to establish the regime of its use. Such changes contradict the social purpose of labor law to protect the interests of the employee as the most vulnerable subject of labor law. In connection with the expansion of individual regulation of labor relations, the need to define the basic principles that should guide the parties to these relations, the main ones of which should be justice, good faith and reasonableness, which are the general principles of civil legislation, is substantiated. It is proposed to supplement the Labor Code of Ukraine with an article in which to define fairness, good faith and reasonableness as the moral principles of labor legislation and to provide legal guarantees for their compliance by subjects of labor law.