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PECULIARITIES OF USING SOME UKRAINIAN CONSTITUTIONAL NORMS IN LABOUR LEGISLATION

The article deals with some Ukrainian constitutional norms and their application in labour legislation. The author emphasizes the importance of complying the laws and other statutory acts with the constitutional norms, as their foundation. Additionally, the mentioned above norms possess strong legal power and priority not only during their implementation, but as well during international acts ratification. That is the reason why passing the norms which contradict or do not correspond to the constitutional norms is unacceptable. In this context Part 2 Article 71 of the Code of the Labour Laws of Ukraine, which defines the order of involving employees in work during days off, cannot be applied. Actually, elective body of primary trade union accepts such an involvement instead of an employee. As well some of the exceptional cases mentioned in Part 2 Article 71 of the Code of the Labour Laws of Ukraine do not correspond to Ukrainian constitutional norms, i.e. do not relate to cases which are not considered forced labour. It is argued that Parts 2 and 5 Article 43 of the Constitution of Ukraine partially contradict to each other taking into account the way they are used in current labour legislation. This case can possibly be solved through amending the Constitution of Ukraine and annulling Part 5 Article 43 in the part where it goes about prohibiting women from working at jobs which are hazardous for their health.