Infopaket

Theory of contracts in labor law

Д.В.С.14.02.

Вибіркова дисципліна для ОП

First

2023/2024

7 Semester

2

Obtaining professional competence within the educational qualification level of “Bachelor” in the “Law” specialty, “Labor Law”" specialization necessary for the practical application of contractual structures of labor law, as well as legal norms governing them. Gaining the ability to independently analyze the relation, find and evaluate the arguments of conflicting positions in the representation in labor dispute procedures.

Knowledge of the general theory of contracts, features of branch legal regulation of the contracts’ conclusion order. Having skills of participation in procedures of change and termination of contractual constructions of labor law and protection of the right (interests) of their participants. Passing of the exam in “Civil Law” discipline.

The concept and practical aspect of the theory of “Theory of contracts in labor law”. Terminological features of the course: the relationship between the concepts of “employment contract”, “agreement of employment”, “labor agreement”. Correlation of the course with scientific theories (contract theory, etc.). The concept of employment contract: as an employment agreement, as a legal institution, as a source of law, as a legal fact, as a basis for legal relations, as a legal relationship (legal relationship model, contractual obligation), as a written document, legal structure. The issue of freedom of employment contract. The issue of “good will” (social responsibility) of the parties to the employment contract. Terms of use of standard forms of contracts (agreements). ‘Non-standard” models of the employment contract. Flexibility as a property of contractual regulation. Protection on the basis of informal agreements (features).

Melnychuk N.O. Definition of employment contract in new market conditions // Forum of Law. 2011. № 3. pp. 526 –530 Vavzhenchuk S.Ya. Some features of the contract as a legal fact and the contract-legal relationship // Entrepreneurship, Economy and Law. 2019. № 5. pp. 6 - 11 Contract law of Ukraine. General part: textbook / Т.V. Bodnar, O.V. Dzera, N.S. Kuznetsova et.al; ed. O.V. Dzera. K.: Urinkom Inter, 2008. 896 p. Cesarsky F.A. Specifics of the legal doctrine of the early Middle Ages on employment contracts // Scientific Bulletin of the International Humanities University. Series.: Jurisprudence. 2016. №23. Pp. 21 - 24 Gerasymenko G.V. Remote employment as a phenomenon of social and labor relations // Innovative economy. № 7-8’2018. pp.91 - 96 Contractual regulation of private relations in terms of European integration processes in Ukraine: a monograph / Ed. Academician of the National Academy of Legal Sciences of Ukraine O.D. Krupchan; scientific ed. A. B. Grynyak. Kyiv, 2017.

Express tests, check of written works, filling (checking) workbook, report, testing, performing individual work of increased complexity

The evaluation is carried out according to the modular rating system. Attendance at lectures and practical classes, performance of the types of independent work established by the program are obligatory for a successful course completion. Correspondence scale (on a 100-point scale): 1 - 59 - not credited, 60 - 100 – credited.

Ukrainian