The concept of «working environment»: a worldview change in normative certainty

The article examines the issue of terminological certainty of the concept of ‘working environment’ in national legislation through the prism of international experience and labour standards. It is noted that the current labour legislation does not define the concept of working environment or working environment, and their content is covered by a number of provisions regulating working conditions, labour protection and safety in the workplace. The author emphasises that European legislation and science widely use the stable English-language term ‘working environment’, which defines a set of conditions in which an employee performs his/her work duties. The author outlines the main approaches to the definition and application of the term ‘working environment’ in international legislation and internal documents of the International Labour Organization. It is emphasised that terminological consistency will facilitate the adaptation of national legislation to the EU acquis. It is noted that the national legislation of certain EU countries applies a comprehensive approach to the definition of the working environment and its legal regulation, which is not limited to occupational safety standards. The author examines the theoretical and practical aspects which determine the need to regulate the concept of ‘working environment’ at the current stage of development of labour relations, including the evolution of understanding of the terms ‘production environment’, ‘working conditions’, ‘labour protection’. The author emphasises the importance of its introduction into the national labour law doctrine and its use in related branches of law. It is concluded that the concept of ‘working environment’ is independent and comprehensive, and its regulation will allow revising the existing approaches to regulating safety and health at work and covering new forms of labour relations. It is noted that the term ‘working environment’ contained in the draft laws covers a much narrower range of labour relations and is not correct. The author offers her own definition of the term ‘working environment’ for its legislative regulation.