Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Problems of the Correlation of Private and Public Interests While Implementing the Freedom of Will of the Parties to the Employment Contract in Ukraine in Terms of the Covid-19 Pandemic

Author(s): Roman Shabanov, Olena Kovalenko, Olena Konopeltseva, Valentyna Radionova-Vodyanytska, Kyrylo Hapochka

The problems of the correlation of private and public interests while implementing the freedom of will of the parties to the employment contract in Ukraine in terms of the COVID-19 pandemic have been studied in the article; and propositions for their solution have been substantiated. Having studied the statistic data that demonstrates the negative consequences from the COVID-19 pandemic in the world for the realization of labor rights, the authors have characterized the potential threats to the labor rights of employees and employers in Ukraine and indicate the ways of their origin. The authors have substantiated the opinion that the legislation of Ukraine was not ready for effective regulation of labor rights and their implementation in these conditions. It has been concluded that: the parties to the employment contract have become dependent on government measures to curb the spread of the pandemic; the social dialogue in the context of the COVID-19 pandemic is the legal construction that is able to balance private and public interests, to find a point of their intersection that would suit both the state and a particular entity on the legal regulation of relations in the field of hired labor

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