Disciplinary and material liability as a means of ensuring labour discipline
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Дата
2021
ORCID
DOI
Науковий ступінь
Рівень дисертації
Шифр та назва спеціальності
Рада захисту
Установа захисту
Науковий керівник
Члени комітету
Видавець
Підприємництво, господарство і право. – 2021. – № 12. – С. 72-75
Анотація
Метою статті є характеристика дисциплінарної та матеріальної відповідальності як засобу забезпечення трудової дисципліни.
Abstract. The purpose of the article is to describe disciplinary and material liability as a means of ensuring labour discipline. Results. The article, on the basis of an analysis of the scientific views and the provisions of current legislation, clarifies the nature and content of disciplinary and material liability as a means of ensuring labour discipline. It is argued that, as well as punitive and remedial, liability is educational and stimulating, that is, it is aimed at raising the level of legal consciousness and legal culture of the parties to the legal relationship. The study reveals that the law considers “labour discipline” in four aspects: as a concept of labour law; as a principle of labour law; as an element of labour law; and as actual conduct. As a concept of labour law, labour discipline is a set of legal provisions governing the internal code of conduct and defining the labour duties of the parties to an employment contract, as well as the methods of ensuring performance of these duties. It is underlined that there are two aspects in the content of labour discipline: objective and subjective. Objective aspect means the order without which an enterprise cannot exist. To some extent, this order is governed by labour law and is formed as a specific part of legal order, adapted to the conditions of production and operating within the enterprise in the form of internal labour regulations. The subjective aspect is the performance of duties and the exercise of rights by the parties to employment relationship. The commission by an employee of a disciplinary misdemeanour, the exercise by the employer of disciplinary powers and the obligation of the violator of labour discipline to be punished also fall under the subjective aspect of labour discipline. Conclusions. The concept of liability regulates the grounds for and the manner in which a party to labour relationship incurs additional onerous obligations (the type and measure of which are determined by law) in connection with the commission of a labour offence. As well as punitive and remedial, liability is educational and stimulating. In other words, it is aimed at raising the level of legal consciousness and legal culture of the parties to the legal relationship. It is aimed at their education for necessary conscious lawful behaviour as the most appropriate and beneficial for these persons and society as a whole.
Целью статьи является характеристика дисциплинарной и материальной ответственности как средства обеспечения трудовой дисциплины.
Abstract. The purpose of the article is to describe disciplinary and material liability as a means of ensuring labour discipline. Results. The article, on the basis of an analysis of the scientific views and the provisions of current legislation, clarifies the nature and content of disciplinary and material liability as a means of ensuring labour discipline. It is argued that, as well as punitive and remedial, liability is educational and stimulating, that is, it is aimed at raising the level of legal consciousness and legal culture of the parties to the legal relationship. The study reveals that the law considers “labour discipline” in four aspects: as a concept of labour law; as a principle of labour law; as an element of labour law; and as actual conduct. As a concept of labour law, labour discipline is a set of legal provisions governing the internal code of conduct and defining the labour duties of the parties to an employment contract, as well as the methods of ensuring performance of these duties. It is underlined that there are two aspects in the content of labour discipline: objective and subjective. Objective aspect means the order without which an enterprise cannot exist. To some extent, this order is governed by labour law and is formed as a specific part of legal order, adapted to the conditions of production and operating within the enterprise in the form of internal labour regulations. The subjective aspect is the performance of duties and the exercise of rights by the parties to employment relationship. The commission by an employee of a disciplinary misdemeanour, the exercise by the employer of disciplinary powers and the obligation of the violator of labour discipline to be punished also fall under the subjective aspect of labour discipline. Conclusions. The concept of liability regulates the grounds for and the manner in which a party to labour relationship incurs additional onerous obligations (the type and measure of which are determined by law) in connection with the commission of a labour offence. As well as punitive and remedial, liability is educational and stimulating. In other words, it is aimed at raising the level of legal consciousness and legal culture of the parties to the legal relationship. It is aimed at their education for necessary conscious lawful behaviour as the most appropriate and beneficial for these persons and society as a whole.
Целью статьи является характеристика дисциплинарной и материальной ответственности как средства обеспечения трудовой дисциплины.
Опис
Mohilevskyi, L. Disciplinary and material liability as a means of ensuring labour discipline / Leonid Mohilevskyi // Підприємництво, господарство і право. – 2021. – № 12. – С. 72-75. – DOI: https://doi.org/10.32849/2663-5313/2021.12.12.
Mohilevskyi, Leonid (2021). Disciplinary and material liability as a means of ensuring
labour discipline.
Entrepreneurship, Economy and Law
, 12, 72–75, doi https://doi.org/10.32849/
2663-5313/2021.12.12
Mohilevskyi, Leonid (2021). Disciplinary and material liability as a means of ensuring labour discipline. Entrepreneurship, Economy and Law , 12, 72–75, doi https://doi.org/10.32849/ 2663-5313/2021.12.12
Mohilevskyi, Leonid (2021). Disciplinary and material liability as a means of ensuring labour discipline. Entrepreneurship, Economy and Law , 12, 72–75, doi https://doi.org/10.32849/ 2663-5313/2021.12.12
Ключові слова
Трудове право. Право соціального забезпечення. Labor law. Law of social guaranteeing. Трудовое право. Право социального обеспечения, Наукові публікації. Scientific publications. Научные публикации, Україна. Ukraine. Украина, labour discipline, disciplinary liability, material liability, employee, трудова дисципліна, дисциплінарна відповідальність, матеріальна відповідальність, співробітник, трудовая дисциплина, дисциплинарная ответственность, материальная ответственность, работник