Application of self-defense in labor relations (on the example of the procedure for reinstatement of an employee)

This publication is devoted to covering the following issues, namely: what are the inherent features of an employment relationship; what should be understood as self-defense in an employment relationship with an employer; how does the current labor legislation of Ukraine interpret the concept of “reinstatement” and how is an employee reinstated in the presence (absence) of a court decision. Attention is focused on the fact that in the absence of a clear understanding of what constitutes “labor relations”, “self-defense” and “reinstatement” in the current labor legislation of Ukraine, one should be guided by the recommendations of the International Labor Organization and domestic labor scholars, as well as by court practice in resolving labor disputes. This leads to the following conclusions: 1) labor relations are the relations between an employee and an employer regarding the performance of certain work for remuneration in accordance with the specialty, qualification or position on the basis of working conditions determined by the employer, provided for by labor legislation, employment contract, collective agreement; 2) self-defense in labor relations is considered to be the refusal of an employee to perform his or her labor duties in order to restore the violated labor right; 3) the right to self-defense is exercised by an employee independently, independently of other employees, and consists of independent active actions to protect their labor rights, life and health without or together with an appeal to the bodies for consideration of individual labor disputes (Commission on Labor Disputes, court) or to the bodies for supervision and control over compliance with labor legislation; 4) reinstatement in the previous job takes place not from the date of the court decision on reinstatement, but from the date of dismissal of the employee, which is declared invalid in accordance with this decision (if the employer reinstates the employee in the previous position without a court decision, the reinstatement also takes place from the date of dismissal); 5) the execution of the court decision is deemed to be completed from the moment the employee is actually allowed to perform his/her previous duties on the basis of the relevant act of the body that made the illegal decision to dismiss the employee; 6) if the reinstated employee is already working in another institution at the time of reinstatement, he/she must terminate the employment contract or enter into a part-time employment contract (unless prohibited by law) with another institution, since the main place of work for him/her is the place of work where the employee was reinstated.