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Law Journal of the National Academy of Internal Affairs

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  • Volume 12, No. 2, 2022

  • Features and legal regulation of the procedure for granting employee consent to work in new working conditions

  • Received 06.02.2022,
  • Revised 20.05.2022,
  • Accepted 30.06.2022
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Volume 12, No. 2, 2022
  • labour relations; employer; changes in essential working conditions; consent to continue work; new Labour Code of Ukraine
  • https://doi.org/10.56215/04221202.57
  • Pages 57-63

In the conditions of dynamic development of the country and the world, the employer is in fact dependent on the Labour Code adopted in Soviet times, because it formulates concepts exclusively and does not define a mechanism for changing essential working conditions at all, which in practice is often abused by employees. The purpose of the study is to provide theoretical justification and develop proposals for improving the organisation of changes in essential working conditions at the legislative level based on the results of an analysis of the practice of applying the law in relevant legal relations. The main results of the study were obtained by methods of theoretical and methodological analysis of scientific literature, and formal-legal, comparative-legal, system-structural analysis, value-normative, and institutional methods. Based on the investigation and generalisation of the laws of Ukraine and judicial practice, the study covers the problems of providing employees with consent to work, systematises their existing forms, suggests ways to solve gaps in the current legislation, considers theoretical and practical problems of providing limited and conditional consent to continue work. Based on the results of the study, relevant conclusions in terms of achieving a balance of interests of the employee and employer, and a number of proposals for improving the current labour legislation were formulated. This paper is advisory, legal, and has practical value for both employers and employees. The studied issue is promising for further application in legislation, in particular the new Labour Code of Ukraine, and the detailing of certain points that are considered in the publication

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