The norms of labor law of Ukraine play the main role in the regulation of social relations arising in the sphere of labor. The transformation of the economic, technological, organizational and social nature of production caused the emergence of new types of labor and ways of organizing it, forms of employment and types of social and labor relations, requiring adequate legal support. Starting from the end of the 20th century, the main direction in the development of labor legislation in both Ukraine and Lithuania was social direction: promoting the adaptation of workers to the conditions of a market economy.
Significant attention of the legislator was directed to guarantees of employment of the population, especially the least competitive persons in the labor market. The next direction was the formation of collective labor law, and most importantly - legislation on social partnership [5].
The legal literature has repeatedly noted the need to bring labor law into line with modern realities. A comparative analysis of labor legislation in different countries is particularly relevant and valuable, because such a study will help to identify the positive and negative aspects of labor legislation in the countries that are compared and, on this basis, to identify positive recommendations to improve the relevant legislation for these countries, in particular, Lithuania and Ukraine.
The main act regulating labor relations in Ukraine is the Labor Code, adopted as early as December 10, 1971 (entered into force on June 1, 1972) and is focused on strict state regulation. The current Labor Code of Ukraine, despite the numerous changes and additions made to it, is less and less in line with the socio-economic situation in the country. An extremely dangerous gap has arisen and is constantly growing between the legal regulation of various spheres of social and economic activity.
There is a point of view that the need to adopt a new code is due not so much to the obsolescence of the norms of the current Labor Code of Ukraine, but to the objective need to bring labor legislation into line with the fundamental branches of the legal system, including constitutional, civil, administrative law and procedural legislation that affect development of labor law [3].
The same conceptual point is the updating of the mechanism of legal regulation of labor relations. Prior to market transformations, legal regulation of labor was a type of state and normative regulation, in which normative acts dominated and the scope of application of non-normative, including contractual, sources of labor law was significantly narrowed. In modern conditions, the relationship between the theoretical limitations of the concept of labor state regulation and the practical flaw of the mechanism of legal regulation of labor relations created on its basis is obvious [4, p. 18].
The application and expansion of contractual regulation scope shall have two vectors: collective and individual. The development of the latter is not so much desirable as necessary. The principles of its implementation should contribute to the de facto equality of employer and employee, proclaimed by the legally equal parties to the employment contract.
The most difficult and important issue in the concept of reforming labor law is the content of the rights of parties to labor relations. The global financial crisis that began in 2008 once again confirmed the close relationship between labor law and the economic system. The scope of obligations of the employer in labor law has economic expression, since labor costs affect the cost of goods and services provided. For these reasons, a number of countries have begun to use various measures to increase the economic competitiveness of employers by reducing labor costs as required by labor law. The weakening of labor law norms, the abolition of mandatory norms, as well as softening of standards of conduct became known as the modernization of labor law [1, p. 279].
The development and adoption of the Labor Code of Ukraine, which shall become the dominant legislative act governing labor and other related relations of all persons working under an employment contract are on the agenda. Its main task is to achieve the optimal combination of the interests of workers and employers while ensuring appropriate protection of the rights and interests of workers and the preservation of effective social production.
In Lithuania, on July 1, 2017, a new Labor Code entered into force - the second one since the restoration of the country's independence. According to the provisions of the new Labor Code, workers now have more opportunities to improve their qualifications without losing their income and protect their rights. Skilled workers have to receive a salary which shall be higher than the minimum, also provides greater protection in case of loss of work, more opportunities to agree on more favorable working conditions, in addition, unions will be able to declare strikes more easily.
From July 2017, employers will be able to pay a minimum salary only for unskilled work. In addition, now they are obliged to prepare the salary system in such a way that, when applied, there is no place for discrimination: for the same work - the same salary. The Labor Code also stipulates the need for workplaces, where the average number of employees reaches 20 or more, to confirm the salary system, unless it is already established in the collective agreement. This will allow employees to know more and influence the salary policy in the enterprise.
Unemployment insurance benefits will be paid to people who have the necessary length of service for unemployment insurance, not for 6, as it was before, but for 9 months.
Five possible operating modes have been introduced: the regime of non-changing working hours (shifts) and the number of working days per week; the mode of total accounting of working time, when the norm of working time is taken for the accounting period; flexible working hours, when the employee must be at work at fixed hours of the working day (shift), and the rest of the hours of that day (shift) can work before or after these hours; the regime of a fragmented working day, when on the same day (shift) the employee works with a break for rest and lunch, the duration of which is longer than the established maximum break for a rest or lunch; individual operating mode.
The employer, in consultation with the employee or employee representatives, can decide which working hours to apply throughout the enterprise or for a specific person so that it comprises 40 working hours per week, and no more than 48 hours with overtime, unless the employee agrees to work 52 hours.
The maximum working time with extra work and overtime should not exceed 60 hours per week. The new Labor Code establishes that the annual minimum leave is 20 working days, of which 10 are used continuously (if the employee works five days per week). If an employee works six days per week, the minimum vacation should be 24 business days.
The extended leave for employees whose work is associated with increased nervous, mental or emotional stress and professional risk was remained, an additional leave for seniority is also provided, but it is recalculated into working days.
The new Labor Code offers expanded competence of labor dispute commissions - they were also instructed to consider the legality of suspension from work, dismissal from work, collective labor disputes regarding the law (earlier, due to illegal dismissal, it was necessary to go to court).
It should be noted that an important direction in optimizing the labor laws of both countries is their cooperation.
A special place among international legislative acts between the Government of Ukraine and the Government of the Republic of Lithuania is occupied by acts in the field of labor law. The agreement between the countries on mutual employment of citizens dated on March 28, 1995 [6] established that the labor relations of workers, their social insurance and social security are governed by the state laws of employment. As for the workers employed under the subcontracts, their labor relations, insurance and social security are regulated by the Legislation of the State of origin, i.e. the country of citizenship. Also, the Agreement between Ukraine and the Republic of Lithuania on social security dated on April 23, 2001, ratified on January 10, 2002 [2], defines the principles and types of social security for citizens of both parties (for example, types of pensions).
The contract provides for special provisions for certain types of social security and benefits, in particular for temporary disability (illness) and for pregnancy and childbirth (maternity), assistance to families with children, unemployment benefits.
After analyzing the above, we can conclude that the legal regulation of cooperation between Ukraine and the Republic of Lithuania has its own characteristics and prospects. Today, Ukraine is actively cooperating with the EU, in particular, with the Baltic countries (Lithuania, Latvia, Estonia), which will allow to control and influence the processes taking place in the region. Diversified cooperation both within the EU and between Ukraine and Lithuania should be a priority task of the foreign policy activities of both parties.
List of sources:
1. Davulis T. Liberalization of labor law in Lithuania: plans and opportunities / T. Davulis // International, Russian and foreign legislation on labor and social security: current status (comparative analysis): Coll. of mat. VII International scientific and practical conf. - M., 2011-- P. 279-285.
2. Agreement between Ukraine and the Republic of Lithuania on the social security dated on the April 23 2001// Official website of the Verkhovna Rada of Ukraine // [Electronic resource]. - Access mode: http://zakon4.rada.gov.ua/laws/show/440_022
3. Krylov K.D. To a new type of labor legislation / K.D. Krylov // Man and Labor. - 2002. - No. 7. - P. 34–38.
4. Mavrin S. P. The principles of labor law / S. P. Mavrin, T. I. Shtrineva // Reform of labor legislation in Russia. Vol. 9. - M.: LPM Bureau, 2001. - P. 7–19.
5. About collective agreements and treats: Law of Ukraine dated on July 1 1993; About the procedure for the resolution of collective labor disputes (conflicts): Law of Ukraine dated on March 3 1998 // [Electronic resource]. - Access mode: zakon.rada.gov.ua
6. Agreement between the Department of Ukraine and the Government of the Republic of Lithuania on Mutual Employment of Citizens dated on March 28, 1995 // Official website of the Verkhovna Rada of Ukraine // [Electronic resource]. - Access mode: http://zakon4.rada.gov.ua/laws/show/440_021
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Scientific supervisor: Davulis Тomas, Prof. Dr., Vilnius University The Republic of Lithuania
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