Правове забезпечення ефективної контрольно-наглядової діяльності у сфері найманої праці: погляд через призму міжнародно-правових стандартів

Abstract

The article investigates the legal principles of supervision and control over compliance of labor legislation of Ukraine in the light of international legal standards set forth in particular in the conventions and recommendations of the International Labor Organization. The comparative and legal analysis of national legislation with these standards is done. It was found that the major international principles of effective control and supervisory activities in the sphere of wage labor is the principle of integration and the principle of prevention. Attention is focused on the fact that ratified the Convention No 81 «On Labor Inspection in Industry and Trade», Ukraine is committed to have a system of labor inspection, to the authority of which belongs not only to ensure compliance of labor laws, but also safety. In pursuance of this Convention in Ukraine the State Inspection of Ukraine for work with a large range of powers was founded. However, the actual task is to further expand its competence in order to obtain truly integrated nature, that is in the Convention and the ILO and the best recommended itself in foreign practice. It was concluded that the most promising areas for further reform of the control and supervision activities in the sphere of wage labor are: first, the improvement of the institutional structure of supervision and control authority in order to create effective integrated inspections of work while increasing focus on preventive measures; second, review the regulatory requirements for their compliance with international and legal standards, including the recent agreement with the Law of Ukraine «On the Fundamentals of State Supervision (Control) in Economic Activities», which set forth procedures for inspection by inspectors of labor; thirdly, a further development of national legislation based on international standards and consolidation of the new Labor Code system of supervision and control over the observance of labor legislation, among which define the legal status of the State Inspection of Ukraine for work as a specialized agency of state control of the executive over offices competence.