The Role of the Supreme Court in Implementing the Protection of the Rights of Employees When Considering Labor Disputes

Abstract

In this article, based on the study of scientific views of scholars and analysis of the current legislation of Ukraine, the role of the Supreme Court in ensuring the protection of employees' rights in labor disputes is examined. The emphasis is placed on the fact that conclusions regarding the application of legal norms set out in the decisions of the Supreme Court are taken into account by courts when applying such legal norms. Based on the analysis, it is concluded that legal positions formulated in the judicial decisions of the Supreme Court have common normative features with normative legal acts. They contain specific rules, principles, and interpretations of legislation that become normative bases for resolving similar cases. These legal positions are developed based on the analysis of legislation, previous court decisions adopted by the Supreme Court, and international norms. It is noted that the relevant application of the Supreme Court's decisions is an important element in ensuring the protection of employees' labor rights and establishing stable judicial practice. Courts play a crucial role in overcoming gaps and collisions in legislation. It is noted that the "evaluative" concepts of labor legislation, such as a single gross violation of labor duties, immoral misconduct, and serious cause, which have already been reflected in the decisions of the Supreme Court and demonstrated their significance and effectiveness in resolving labor disputes, can be included in the new Labor Code of Ukraine. Such a step by the legislator may be aimed at consolidating these terms in legislation and promoting their wider application in future court proceedings. It is mentioned that the Supreme Court can, in certain cases where judicial practice encounters gaps in the law, fill these gaps by applying analogy of the law or analogy of the right. This activity of courts is sometimes called "law-filling." Conclusions and proposals aimed at improving the judicial consideration of labor cases are formulated, specifically suggesting amendments to the Labor Code of Ukraine regarding the procedure for resolving individual labor disputes aimed at improving the protection of employees' rights, reducing the number of labor disputes, and ensuring the uniform application of legislation.