Transformation of the principles of the legal regulation of the wage in modern conditions

Abstract

Problem setting. The article emphasizes that the main ideas and principles play a special role in revealing the essence of the legal regulation of wages. Target of research is to study of the principles of legal regulation of wages, development and formulation of theoretical conclusions and scientifically sound proposals aimed at improving existing legislation in this area. Analysis of recent researches and publications. The study of the principles of organization of remuneration in the scientific and legal literature paid attention to such scientists as: N. Hetmantseva, S. Karinsky, G. Kaplina, R. Livshits, S. Lukash, O. Protsevsky, O. Gaeva, J. Simutina and others. Without diminishing the role and importance of the scientific achievements of these scientists, we note that this problem remains controversial today. In accordance with the general theoretical classification of principles, we will consider the views of individual lawyers on the principles of remuneration and try to formulate the normatively unconstitutional institutional principles of the latter, taking into account the problems of legal regulation of wages. Article’s main body. The definition of the term “principles of the legal regulation of wages” is formulated as guiding ideas, fundamental principles enshrined in legal norms that determine the content of legal regulation of wages at the state tution of remuneration in Ukraine necessitates an objective need to rethink the essence of the principles which are underlying it and which one are characterized by objective conditionality, regulation, imperative, coherence, systemic, universal, general significance and the certainty of the subject of legal regulation. It is noted that the legal principles of remuneration of labor which one correspond to modern market conditions, should embody the ideas that determine the nature and direction of legal regulation of remuneration and should be enshrined in law, ie should be expressed in law. Close attention is paid to the principle of unity and differentiation, which is one of the basic principles in labor law and permeates the entire system of labor law. Differentiation contributes to the unity of legal regulation of wages and unity creates the conditions for its differentiation in this area. It is substantiated that the main purpose of the principle of unity and differentiation, on the one side, is to clearly define uniform, equal working conditions for all employees, and, on the other side, to establish differentiation of working conditions for certain categories of employees in certain circumstances. Conclusions and prospects for the development. The conclusion is made about the need for normative consolidation of such institutional principles of remuneration as: a) guaranteeing employees timely and full payment of wages which ensures a sufficient standard of living for them and their families; b) ensuring proper receipt of wages; c) guaranteed material incentives for quality and conscientious work; d) unity and differentiation in wages.