Determination of the limits of differentiation of the legal regulation of labor relations of transport workers

Abstract

In the article, a comprehensive study of the limits of differentiation of the legal regulation of labor relations of transport workers is carried out. It is emphasized that in the labor relations of transport workers, it is quite difficult to draw the right line and determine certain aspects of the regulatory and legal regulation of labor relations, which is due to a significant number of general and special acts in the specified field. The importance of defining such limits is noted, as going beyond such limits of what is permissible can have specific negative consequences and have serious consequences for both employees and employers. The author noted that not all terms of contracts as a special form of labor contract with transport workers contribute to their real social protection. The scientist pays special attention to the understanding of the principle "everything that is not prohibited by law is allowed", because the employer, in fact, using this principle has the opportunity to level the general norms of labor law. The article compares the concept of "differentiation" with the concept of "discrimination" in labor law, de- fines the limits of these concepts. It was emphasized that the process of differenti- ation of legal regulation should in no way become a process of discrimination of transport workers. It is specifically stated that the limits of differentiation must correspond to the general and branch principles of regulatory and legal regulation of labor relations of transport workers. It was concluded that the limits of differentiation of legal regulation are to a certain extent determined by working conditions, the financial condition of the enterprise and other features inherent in the transport industry. The possibility of changing the boundaries of the differentia- tion of the legal regulation of labor relations of transport workers due to the occurrence of situations atypical for Ukraine, such as, for example, COVID-19 and the war in Ukraine, is indicated.