Revisiting the Question of Legal Regulation of the Concept of “Vacancy”

DOI

10.2991/assehr.k.201205.014How to use a DOI?

Keywords

vacancy, employment, labor market, guarantees

Abstract

A vacancy is the subject of the formation of supply and demand dynamics at the labor market. However, this legal phenomenon is not properly reflected in the legislation. In practice this fact gives rise to many violations of the rights of citizens in employment. In this regard, in this paper, the author states that it is necessary to propose to fix both the definition of a vacancy and the requirements for its formation. Thus, a vacant position (job) should be understood as a free, permanently or temporarily labor function in the structure of some type of economic activity of an employer, formed into a group of labor actions corresponding to it and announced for its filling. A vacancy announcement is a special kind of employer’s obligation, similar to a private offer. Such an announcement must contain all the conditions of the future agreement, and if it is an employment contract, then it must contain all its intended conditions to the extent also arising from the local regulations of an employer. If there is insufficient information to conclude an employment contract, an employer who announced the employment should be obliged to provide a person who applied to him with the necessary information and a reasonable time to think it over; to fix monetary compensation in the law for cases of unlawful refusal to provide such information. In all cases when guarantees to offer employees a vacant job are established, only the vacancy where employee’s expected income will be greater than the severance pay should be considered eligible for announcement. It seems that these proposals will have a qualitative positive impact on the procedure for reducing the number or staff of employees, unify the requirements of labor and employment legislation and harmonize them with each other.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - M.A. Drachuk
PY  - 2020
DA  - 2020/12/07
TI  - Revisiting the Question of Legal Regulation of the Concept of “Vacancy”
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 76
EP  - 81
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.014
DO  - 10.2991/assehr.k.201205.014
ID  - Drachuk2020
ER  -