On the issue of distinguishing responsibility in labor law and responsibility for violations of labor law

With the development of the market economy in Ukraine, liability in labor law is increasingly mixed with other types of liability for violations of labor legislation. The problem lies in the misunderstanding or distortion of the social assignment of responsibility in labor law. At the same time, combining the problems of the implementation of labor law responsibility with other practical problems of its application to certain categories of employees causes a practical problem - the violation of the rights of employees in terms of the application of legal responsibility to them not according to its purpose. Such a state of affairs requires the science of labor law to solve the outlined issue, in particular by defining and characterizing the role of labor law liability in labor relations. The purpose of the work is to separate the responsibility realized within the framework of labor relations from among other types of legal responsibility arising from the violation of labor legislation. The methodological basis of the work was the application of a set of general scientific and special methods and techniques of scientific knowledge, the use of which made it possible to form a holistic and comprehensive idea of ​​the sectoral specificity of responsibility in labor law and to distinguish it from other types of legal responsibility. Such methods include, first of all, logical-semantic, deductive, methods of abstraction and generalization, dialectical, deductive and inductive, structural-functional and formal-logical, which made it possible to work out doctrinal sources, and also contributed to the formation of the content of the scientific author's position in accordance with the set author's task. It was concluded that the separation of responsibility in labor law and responsibility for violation of labor legislation is proved by the functions of such types of responsibility and the criteria of separation. Responsibility in labor law fully reflects the social function of labor law, and therefore the social function is the main one, and such functions as educational (preventive) and compensatory reveal the specifics of disciplinary and material responsibility. Labor law does not have a punitive (punitive) function as such, which is incompatible with the social function of labor law. Responsibility in labor law is implemented within the framework of a single complex long-term employment relationship, in contrast, responsibility for violation of labor legislation is implemented within the framework of protective legal relations, which are characterized by state coercive means of influencing law violators. The criteria for distinguishing responsibility in labor law and responsibility for violation of labor legislation are as follows: state coercion; entities authorized to prosecute; grounds for application of responsibility; circle of subjects of responsibility; liability application procedures; sanctions; legal consequences.

labor law, labor legislation, responsibility, employee, employer, criteria for separation, social function.