The article analyzes individual aspects of liability in labor law, which allowed us to identify several key aspects that highlight the features of liability in labor law, in particular its functions, forms and grounds (conditions). It is noted that liability in labor law has several functions, including punitive, protective and preventive. It is noted that each of the functions performs its specific tasks in labor relations, in particular, material performs compensation for damages caused, while disciplinary is aimed at punishing for violation of labor duties. Such a distinction allows us to understand that one of the forms of liability has a compensatory function, and the other - educational, encouraging employees to properly perform their labor duties. It is noted that liability in labor law lies, first of all, within the framework of the relationship between the employee and the employer, and not between the employee and the state. The above allows us to focus on the internal mechanisms and legislative norms that determine the rights and obligations of the parties. It is emphasized that state bodies are not always the main actors when considering the issue of liability in labor law. The importance of a collective agreement and social dialogue is highlighted, which provide additional opportunities for regulating labor relations and liability. Attention is drawn to the specifics of regulating labor relations and social dialogue, as well as disciplinary liability in the context of labor law, which has additional complexity, since violations may relate not only to legal norms, but also to ethical requirements that are part of the labor duties of employees. It is noted that disciplinary liability has a more educational role, helping to form proper labor discipline among employees. It is found that one of the key challenges remains ensuring a balance of interests between employees and employers, which involves not only the application of sanctions for violations, but also the creation of conditions for preventing violations. It is believed that the formation of a fair and transparent mechanism of labor legislation should be improved by strengthening the protection of employees’ rights and increasing the responsibility of employers.
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Viktoriia ROMAN
I. Yu. Slobodian
Uzhhorod National University Herald Series Law
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ROMAN et al. (Tue,) studied this question.
www.synapsesocial.com/papers/68a36dd90a429f7973330f17 — DOI: https://doi.org/10.24144/2307-3322.2025.89.2.29