Workіng Condіtіons as a System of Labor-legal Phenomenon

In the article, the author provides an attempt to find the meaning, to differentiate and to identify the main essential features of such categories as «safe» and «healthy» working conditions. Revealing the nature of the stated concepts, the author emphasizes that safe and healthy working conditions are narrower in the meaning than the concept «working conditions» and refer to it as a part of the whole. Analysis of their correlation has given the opportunity to provide author’s definitions and to give new subject matter for such important labor law categories as «safe» and «healthy» working conditions. Safe working conditions, according to author’s opinion, is a situation of establishing and realizing a system of organizational, managerial and
technical conditions to prevent workplace injuries and occupational diseases of employees, while they perform their job duties. Healthy working conditions should be considered as conditions corresponding to social and economic, sanitary and health-care standards and rules, which preserve physical, mental and social well-being of the employee during his/her work activity, as well as his/her work capacity. The author emphasizes that social and legal category reflecting the person’s ability to work
and being determined by the level of his/her physical and spiritual development, health condition, professional knowledge, skills and experience is the work capacity. Іf the criminal or administrative law takes into account health condition leading to actual loss of legal personality, and this recognizes a person to be disabled, and the civil law, by the decision of the court, can use it while recognizing a person to be partially incapacitated or incompetent, then the labor law considers health condition in quite another meaning. It is not about health condition as a legal fact, but as one of the features of the labor law subject – employee. Іn its turn, the disability is a health condition (functioning of the organism) of a person caused by disease, injury, etc., which
makes it impossible for him/her to perform a certain amount of work, or occupation, without causing harm to health. The article provides the definition of temporary disability, which refers to a person’s disability because of disease, injury or other reasons that do not depend on the fact of disability (delivery, quarantine, nursing, etc.), which has a temporary reversible nature due to treatment and rehabilitation measures, continues till the end of vocational rehabilitation or defining the disability group, and in case of other reasons – till complete removing of reasons for temporary suspension from work. Іn addition, the author provides the understanding of working conditions as a combination of social and workplace factors, in which the labor activity of the employee at the enterprise, institution, organization or individual is performed, and which affects his/her health condition and work capacity. It has been noted that social factors include salary, working hours, vacations and other conditions. The author understands workplace factors as technical, sanitary and healthcare standards, consumer operations and other conditions. Working conditions are established by the labor law, agreements, collective agreement and by the agreement of the employment
contract parties. They are rated according to how the working environment at the workplace, the nature of work, work pattern meet the requirements established by the labor law in the area of labor safety of the employees.