AGREEMENT AS A SPECIAL FORM OF PROTECTION OF EMPLOYEE'S LABOR RIGHTS

Abstract

Despite the priority and fundamental importance of state protection in the field of labor, it should be recognized that its capabilities are objectively limited. This situation, in turn, is due to the diversity of social ties within the labor and closely related relationships, as well as the number of individual situations that occur in the field of labor. To address this issue, it was established that for this purpose and to ensure the harmonious functioning of labor relations, there is an institution of contractual protection. By its nature, such protection allows to take into account all individually specific aspects of working life in compliance with one condition – not to contradict the basic provisions of state protection and not to worsen the situation of the employee. Protection at the contractual level is implemented through one of the central and key institutions of labor law – the institution of the contract, and within the employment relationship is provided by the conclusion of collective and employment agreements. It has been studied that in the exercise of the right to protection of the employee during the performance of the labor function, the connection between working conditions, occupational safety at work and the state of health of employees should be established. Therefore, agreements and collective agreements should set out the main areas of work of the social partners in the field of labor protection, pursue a policy of safe and healthy working environment, by establishing a system of rights, responsibilities, responsibilities of government, employers and workers themselves. Protecting and prioritizing the safety and health of workers at work must be an important part of national labor policy and protection. It is established that for this purpose at the state and contractual levels it is necessary to provide for the implementation of a set of preventive measures aimed at preserving the health and lives of workers in the process of work, which will timely eliminate deficiencies in occupational safety and health and plan its development economic and social situation in the country. It should be noted that to address this issue, it is necessary to establish what factors and preconditions contributed to the emergence and active use of the contract as such in the field of labor law.