THE RIGHT TO A FAIR REMUNERATION FOR WORK: INTERNATIONAL STANDARDS AND UKRAINIAN REALITIES

Abstract

The article is devoted to the analysis of international standards in the sphere of remuneration. It is emphasized on the necessity of implementation in Ukraine the legal approaches to remuneration of employees under fair conditions, in accordance with the framework indicators defi ned in the international standards. It is argued that a “fair remuneration” is not only one of the work conditions, but also a legal means of counteracting the labor migration of workers. On the basis of the analysis of international approaches to the disclosure of essence of “fair remuneration” it is proposed to move away from the wording of “wages which are not lower than it is specifi ed by law” in domestic law by changing to “fair remuneration”. It is approved that replacing the concept of “fair remuneration” with “wages which are not lower than it is specifi ed by law” worsens the legal position of employees with respect to international labor standards and creates opportunities to manipulate the distribution of net gross income created by working people through the use of their labor skills within the framework of community service. This, in our opinion, is another argument for revising the provisions of the current Constitution of Ukraine in relation to the provisions of Art. 43, which regulate the determination of remuneration for work. It is emphasized that the international norms clearly stipulate the right of workers to defend their economic and social interests through association with trade unions and the right to enter into collective agreements, and therefore, objectively assessing the situation in the area work, especially in terms of “fair remuneration”. We emphasize the need to increase the role of labor unions in the working life of employees. The international, civilizational approaches to understanding the essence of workers’ labor rights do not indicate solely the duty of the state to provide working conditions that meet the criteria of fairness and the interests of workers. The fact of granting a number of collective labor rights to employees indicates that workers must fulfi l these rights for defending their economic and social interests rather than waiting for a “gift” from the state or the employer.