Конституційні основи та сучасні виклики у сфері трудових прав і права соціального забезпечення в моделі держави загального добробуту: порівняльний і нормативний аналіз

In the presented article, the author examines a set of constitutional and legal issues related to the regulation of labor rights and the right to social security. The author demonstrates that, at the current stage of development of capitalist relations, these rights acquire particular significance, and their full realization and protection become key elements in ensuring social justice. At the same time, the author establishes that the effective functioning of both state and municipal bodies plays a decisive role in guaranteeing the practical implementation of labor and social rights of citizens. The author investigates that, when determining the duration of annual leave, it is necessary to clearly distinguish it from other components encompassed by the right to rest. Based on an analysis of the relevant norms, the author demonstrates that leave should be calculated in working days rather than calendar days, as such a method of calculation more accurately reflects the nature and purpose of the institution of annual paid leave. Given the existing differences in the labor legislation of various states concerning the method for calculating leave duration, the author establishes that incorporating the provision on calculating leave in working days into international legal instruments may contribute to the unification of approaches and to the enhancement of worker protection at the global level. In the course of the study, the author demonstrates that, under contemporary capitalism, issues of ensuring labor rights and social security rights must be placed under strengthened state supervision. Simultaneously, a continuous modernization of protective mechanisms is required in order to prevent a recurrence of the violations characteristic of classical capitalism, when the absence of developed legal institutions led to significant social imbalances and serious infringements of human rights. The analysis of modern scholarly research conducted by the author shows that states around the world continue to attach priority importance to labor and social rights, implementing consistent reforms in these areas. In doing so, it is demonstrated that contemporary legal approaches differ substantially from those of past centuries, as they are oriented toward protecting individual interests and ensuring social well-being. In conclusion, the author substantiates that the regulation of labor rights and social security rights must be carried out not only through domestic legal mechanisms but also at the international level. According to the author, the establishment of international responsibility for mass or large-scale violations will become an important instrument for enhancing the effectiveness of global mechanisms for the protection and enforcement of socio-labor rights.