THE CONCEPT OF CHANGING THE LABOUR AGREEMENT TERMS AND ITS CORRELATION WITH THE RELATED LEGAL CONCEPTS

Abstract

Purpose: to consider the «changing the labour agreement terms» concept and its delimitation with such related legal concepts as «changing the labour agreement» and «changing the essential working conditions». Research methods: analysis, synthesis, generalization, comparison, etc. Results: an author made delimitation between the «changing the labour agreement terms» concept and the related legal concepts. Discussion: the Labour Code of Ukraine should be supplemented by the article «Content of the Labour Agreement» determining the labour agreement terms, necessarily agreed by the parties, and by the article «Changing the Labour Agreement Terms».

The chosen theme is topical as the labour law ambiguously considers the «changing the labour agreement terms» concept, as there is an identification of the «changing the labour agreement terms» and «changing the labour agreement» concepts and as the «labour agreement terms» and «the essential working conditions» concepts are not clearly delimited.

The author concluded that the labour agreement terms are the ones on liability of the parties, the rights and obligations, agreed by the parties. And working conditions are only those conditions that characterize the labour process and the production environment in which it is performed, i.e. it is a set of production and social nature factors.

The «the essential working conditions» concept is broader in scope, as they can be both contractual (determined by the agreement between the employee and the employer under the labour agreement) and non-contractual (determined at the legislative level, in contrast to the essential terms of the labour agreement which have only contractual nature, as they are based on the agreement of its parties).

Changing the labour agreement terms is aimed solely at changing the subjective rights and obligations of its parties, and changing the essential working conditions is aimed solely at changing the production environment conditions. In turn, changing the essential working conditions may affect changing the labour agreement terms.

Changing the labour agreement terms is possible only with the consent of its parties, as these are contractual terms. Changing the essential working conditions, in contrast to changing the labour agreement terms, are made by the employer unilaterally. Making changes in the organization of production and work is the right of the employer, which has the right to determine the most favourable conditions for its economic activity. In determining the reasonable balance between the interests of the employer and the employee, the Supreme Court assumes that the employer’s right to make objective and reasonable changes in the organization of production and work of the enterprise prevails over the private interests of the employee.