Забезпечення права працівника на безпечні умови праці: юридичні гарантії та проблеми реалізації

The article reveals the theoretical and legal nature of the employee’s right to safe and decent working conditions as one of the basic socio-economic human rights. An analysis of the main legal guarantees of its implementation in accordance with the current legislation of Ukraine and the international obligations of the state is carried out. The study covers the administrative and legal aspect of ensuring occupational safety and health and analyzes the judicial practice of Ukraine in the field of labor relations and foreign experience in ensuring the employee’s right to safe working conditions in comparison with Ukraine. Special attention is paid to the practical problems of implementing the employee’s right to safe working conditions in modern conditions, in particular in the context of martial law, economic instability, informal employment and insufficient state control. A comparative analysis of Ukrainian and foreign legislation demonstrates different models of approach to regulating labor relations, which differ in the issue of responsibility and control over compliance with the right of workers to safe working conditions. In Ukraine, at the moment, the control system needs to be modernized in terms of strengthening sanctions for violations of labor legislation and granting broader powers to inspectors who inspect enterprises for the fact of committing labor offenses. The article identifies key factors that hinder the effective provision of safe working conditions - including a low level of legal culture, employers’ failure to comply with legislation, as well as weak effectiveness of liability mechanisms for violations of labor protection requirements. The authors propose, based on foreign experience, improving legal regulation, in particular, increasing funding for labor protection measures, expanding the powers of labor inspectors, and establishing stricter sanctions for violations of labor legislation. Attention is focused on the importance of implementing international experience in regulating and ensuring the employee’s right to safe working conditions.