ПРАВОВІ ПІДХОДИ ДО РОЗКРИТТЯ СУТНОСТІ ТРУДОВИХ ПРАВ У ЄВРОПЕЙСЬКІЙ СОЦІАЛЬНІЙ ХАРТІЇ (ПЕРЕГЛЯНУТІЙ)

Abstract

The article analyzes approaches to the essence of the basic labor rights, enshrined in the European Social Charter (revised) and states that the labour right and its nature is directly linked to the fundamental human rights, which are which not only should be declared by the state, but also must be effectively implemented and provided with the legal protection. After comparison of differences between national and international labour right regulations regarding working conditions and remuneration it is justified that such international norms of the labor right as «fair conditions» and «fair remuneration», despite being value judgments, correspond to the nature of the right to work. National legislation should be updated accordingly. The role of trade unions in the process of protecting and defending the economic and social interests of workers and their collectives is also emphasized.