Legal doctrine of compliance with labour law

Indispensable condition to construct the optimal model of law-based and social state in Ukraine is creation of efficient mechanisms of implementation and protection of labour rights that are central in the system of rights of an individual. However, one of the main issues is creation and improvement of guarantee system that ensure implementation and protection of labour rights. That is why the purpose of the study is to analyse approaches to understanding of the essence of the legal doctrine of observance of labour rights. In order to achieve the purpose, the author used formal and logical, systematic, comparative methods. The attention is focused on the fact that the legal doctrine of compliance with labour rights of employees reflects a system of methods for evaluation the state of ensuring labour rights through consistency with the spirit of the law. It has been established that the legal doctrine is needed to be considered as the system of ideas, scientific views, theories on law that are being developed by legal sciences. Comparative analysis of international labour norms and the legislation of Ukraine on main legal rights has led to the conclusion that Ukrainian legislation does not fully correspond to requirements of international labour norms on the main labour rights, though in certain cases, in particular, concerning protection of children’s and adolescents, it has even higher standards. The author outlines three meanings of the doctrine. The legal doctrine of observance of employees’ labour rights can be understood as: 1) general scientific legal concepts of ensuring labour rights; 2) legal concepts of ensuring labour rights formed by courts; 3) the views of legal scholars on certain issues of the mechanism of ensuring labour rights. The author reveals its conservatism, depicts the manifestation of the doctrine of observance of labour rights in legislation. Special attention is paid to the main problems of compliance with labour rights. One of them is conduction of a civil and legal treaty between an employee and an employer for works and services instead of an employment contract.