Legal status of labor migrants: concept, content, legislation

2021;
: 137-143

Blok N. "Legal status of labor migrants: concept, content, legislation"
http://science.lpnu.ua/law/all-volumes-and-issues/number-331-2021/legal-...

Authors:
1
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education

The concept of the legal status of migrant workers is studied. It is noted that the legal status of migrant workers and the guarantee of their personal rights are enshrined in law. It is stated that the protection of the rights of Ukrainian citizens working abroad implies an important obligation for the state to create legal, socio-economic and spiritual conditions for the realization of their rights and freedoms, under which it is possible to protect the rights of individuals and international human rights organizations. It is noted that the state, represented by the authorized bodies of state power, exercises important control in the field of employment, the purpose of which is to ensure the legality and inviolability of human and civil rights and freedoms. In particular, the employment of any person without proper registration, ie without concluding an employment contract with him, including a migrant, is a serious violation of labor legislation. It is determined that important guarantees for the conclusion of an employment contract, as well as information that must be contained in it. It was found out that when working abroad, citizens of Ukraine must first be guided by the norms of international legal acts, as well as know which state’s legislation will regulate their labor and social protection. The main categories of citizens of Ukraine who are on the territory of other countries for employment, depending on their legal status, are analyzed. Depending on the category to which a person belongs, the scope of his / her rights and freedoms in the territory of the host country, in particular, access to medical care, pension and social security, etc., largely depends. It is proved that labor migration plays the most important role in the modern world migration process of the population. The main motives of labor migration of the population, which motivate citizens to go abroad, are indicated. Namely, such a motive for labor migration is a much higher level of wages to improve the financial situation, which encourages citizens to go abroad. Significant motivation of the population of Ukraine to interstate labor migration is associated with the state of domestic and foreign labor markets.

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