Suchergebnisse

The article provides a comparative analysis of the ILO Convention No. 190 and Ukrainian legislation concerning the issues of combating violence and harassment in the world of work.

ILO standards have traditionally been one of the key sources of national labour law. Conventions and recommendations of this organization represent a balance of interests of workers, employers and governments, which have also been properly tested both in time and in practice. ILO Convention No. 190 is not an exception in this case. Ratification of this Convention will not only strengthen the international status of Ukraine, but also improve national mechanisms to combat violence and harassment in labour relations. Among the key features of the ILO Convention No. 190 the following should be highlighted: providing a definition of "violence and harassment" in the world of work, specification of the powers of the labour inspectorate in terms of detecting cases of violence and harassment, adoption in consultation with employees a workplace policy on violence and harassment, ensuring easy access to appropriate and effective remedies and dispute resolution mechanisms, etc.

It has been established that Ukraine currently has a proper basis for ratification of ILO Convention No. 190. This is primarily due to the adoption in 2017 of the Law on Prevention and Counteraction to Domestic Violence, which introduced a number of important amendments to existing legislation in terms of enshrining at the regulatory level the concepts of "sexual harassment" and "gender-based violence", as well as mechanisms to combat them. The recognition of this Convention as legally binding for Ukraine would further eliminate a number of existing gaps in legal regulation relating to combating violence and harassment in the world of work. Such gaps include: the lack of a clear mandate from the State Labour Service to exercise state control over employers' compliance with anti-violence and harassment legislation, not taking into account violence and harassment and associated psychosocial risks in the management of occupational safety and health, lack of norms that would mitigate the impact of do-
mestic violence in the world of work, etc.

The article analyses the peculiarities of the application of the standards of the International Labour Organization in the judicial practice of Ukraine. Despite the fact that the claimants very often, when filing the lawsuits, strengthen their argumentation by referring to the ILO Convention or Recommendation, these international standards do not form the direct basis of the subsequent court decisions. This circumstance is viewed primarily as one resulting from the tendency of understanding the concept of international labour law as international public labour law, namely, when the law that is associated with the cooperation of states, interstate associations, international organizations, and national level social partners. Its subject is interstate public relations, regarding the establishment and implementation of international standards of human rights in the field of labour. In turn, international public labour law is always characterized by a complex nature, which is expressed by the combination of elements of international law with national labour legislation. So, on the one hand, after the ratification of an international act, under the Article 9 of the Constitution of Ukraine it becomes part of the national legislation and in the future, moreover, its provisions do not actually function independently, but are developed in the legal acts of Ukraine. But, on the other hand, the given circumstance in no way eliminates the possibility of direct application of the international standard in the case of non-regulation of the relevant issue in the legal acts of Ukraine. This is expressly specified in the Article 81 of the Labour Code. The rule states that, if an international agreement in which Ukraine participates establishes rules other than those contained in the legislation of Ukraine on labour, the rules of the international agreement are applied. Taking into account the enormous regulation of employment relationships at the state level, in Ukraine, the direct application of ILO conventions and recommendations is appropriate, first of all, in cases of gaps existing in national legal acts. In addition, it should be noted that the ILO Constitution obliges each ILO member state to report on the measures it has taken to apply the ratified Conventions. Such reports are based not only on national legislation, but also on judicial practice. This fact strengthens the role of the judiciary in the implementation of Ukraine's international obligations, because the results of its activities may affect the international image of the state. In addition, active involvement of the courts in the implementation of international standards at the national level creates a unique pool of information that allows the ILO to develop further ways of effective international regulation in the field of labour.

Background. Due to the fact that the world of work is characterised by its wide coverage, not all categories related to it can receive proper regulation in labour legislation in a timely manner. The above-mentioned issues are quite visible in business environment, where such categories as ensuring that employees do not compete with their employers and non-disclosure of commercial secrets obtained in the course of employment are of great importance. Despite a sufficiently detailed analysis of non-competition and non-disclosure agreements in the studies of domestic scholars, the practical implementation of these categories in Ukrainian labour law has remained unaddressed. Methods. In the process of preparing this paper, the author applied dialectical, comparative and legal, formal and logical methods of research. With the help of the dialectical method, in particular, the author identifies the specific features of legal regulation of refraining from competitive actions and non-disclosure of commercial secrets. The comparative and legal method helped to carry out a comparative legal study of the provisions of national and foreign legislation governing non-competition and non-disclosure of commercial secrets in the world of work. The formal and logical method was used to identify shortcomings in the legal regulation of preventing employees from committing competitive actions against employers and non-disclosure of commercial secrets. Results. The implementation of mechanisms to ensure non-competition and non-disclosure of commercial secrets in employment relationships in Ukraine is significantly limited due to the lack of a clear regulatory framework. And while the issue of non-disclosure of trade secrets can be resolved at the level of local employer regulations developed with the participation of employees' representatives, the non-competition with the employer is currently limited only by the legal regime of Diia City. This is primarily due to the significant impact of non-competition on the labour rights of the parties of employment relationship. Conclusions. The comprehensive implementation of non-competition and non-disclosure of commercial secrets in labour relations in Ukraine is currently impossible without ensuring their proper regulation at the level of labour legislation.