Legal Regulation of Temporary Labour Migration in Labour and Private International Law of Ukraine

Abstract

This article is devoted to studying temporary labour migration on the border of Labour Law and Private International Law of Ukraine since this social phenomenon is common in Ukraine. The author identifies the factors that have a significant impact on temporary labour migration in Ukraine and characterizes the positive and negative consequences of temporary labour migration. The purpose of this study is to focus on the study of the state of legal regulation of temporary labour migration in Labour Law and Private International Law of Ukraine and to identify modern problems of regulation of temporary labour migration. The methodological basis of the article was made up of general and special scientific methods. The application of the comparative legal method made it possible to study the legal regulation of temporary labour migration in the national legislation of Ukraine and international legislation, as well as in the foreign national legislation of some European countries. The method of legal analysis, the author identifies the shortcomings of the legal regulation of temporary labor migration. A comprehensive review of the literature makes it possible to find out the state of scientific research on this issue in private international and labour legislation in Ukraine and other countries. Ukrainian legislation has developed a mechanism for the legal regulation of cross-border labour relations, but the issues of temporary labour migration and the specifics of its legal regulation remain outside the scope of legal regulation. The analysis of scientific sources and legislation has made it possible to establish that the legal regulation of temporary labour migration in the legislation of Ukraine has significant shortcomings. In particular, the content of the concept of “temporary labour migration” is not defined; the list of labour relations that fall under the category of temporary labour migration is not defined; the circle of persons who acquire the status of a temporary labour migrant is not defined; there are no norms reflecting the specifics of the legal regulation of temporary labour migration, as well as norms reflecting the guarantees and protection of temporary labour migrants. The migration processes in the sphere of cross-border employment are dynamically increasing every year, which poses new challenges for the existing national and international legal mechanisms of legal regulation of labour migration. The primary task of improving the observance of the rights and legitimate interests of temporary labour migrants, as well as establishing appropriate guarantees for them, is to develop legislation at the national and international level, considering the current problems that exist in the regulation of temporary labour migration, as well as to conclude bilateral agreements with countries interested in labour migrants.