<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.</p></abstract>

The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

Taras Shevchenko National University of Kyiv

H. S. Skovoroda Kharkiv National Pedagogical University

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration"}

The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration,...

Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

Publié en ligne: 12 mars 2019

Pages: 1 - 31

Reçu: 01 mai 2018

Accepté: 15 nov. 2018

DOI: https://doi.org/10.2478/bjlp-2018-0009

Mots clés
Labor freedom, labor migration, Ukrainian worker, labor emigrant, forced labor, right to labor, proposals

© 2018 Mykola Inshyn et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

Publié en ligne: 12 mars 2019

Pages: 1 - 31

Reçu: 01 mai 2018

Accepté: 15 nov. 2018

DOI: https://doi.org/10.2478/bjlp-2018-0009

Mots clésLabor freedom, labor migration, Ukrainian worker, labor emigrant, forced labor, right to labor, proposals

© 2018 Mykola Inshyn et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Labor freedom, labor migration, Ukrainian worker, labor emigrant, forced labor, right to labor, proposals