ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ ТРУДОВИХ ВІДНОСИН У КАНАДІ

The article investigates the peculiarities of regulation of labour according to the Canadian law. The author considers the prerequisites for the emergence of labour law in the country, as well as modern trends in the regulation of labour relations. Attention is drawn to the realization of international norms in the regulation of labour relations. It was concluded that the impact of international standards on the Canadian national law is negligible. Out of 36 ILO Conventions were ratified by Canada, only 23 of them are remaining in force.Canada does not have a constitution like the Ukrainian one. According to Art. 52 (2) of Constitution Act of 1982, the Constitution of Canada includes: (a) the Canada Act 1982, including this Act; (b) the Acts and orders referred to in the schedule; and (c) any amendment to any Act or order referred to in paragraph (a) or (b). Thus, in Canada fundamental rights and guarantees in the field of labour have not been disclosed at the constitutional level. But at the same time, the value of the Constitution of Canada for labour law should be considered as fundamental without exaggeration.The Canada Labour Code regulates individual and collective labour relations that arise only in those sectors of the economy that have federal jurisdiction. In all other cases, the law of the province or territory applies. For instance, the direct regulation of labour relations in the province of Quebec is carried out by the Civil Code of Québec and Act Respecting Labour Standards.Also the article explores the form of the employment contract, the regulation of working hours and time off work, the procedure of termination of employment relations, as well as the resolving of labour disputes according to the Canadian labour law.It is concluded that Canada's labour law is a unique phenomenon in which can be traced the fundamentals of the legal systems of the United Kingdom and the United States of America. Despite the fact that the British legal platform in the country was formed historically, in modern Canada, we can already observe not typical for the labour law of the UK features, such as: the lack of detailed regulation of labour relations in the statute law; non-application of quasi-judicial specialized bodies for the resolving of all forms of labour disputes; the lack of unified national standards in the field of labour etc. The legal bond between the United States and Canada is quite clearly traced in the mechanisms of division of labour law into: (a) federal and local (the law of provinces and territories) and (b) individual and collective. However, the Canadian labour law is more regulated than in the United States, in which the use of the “employment-at-will” doctrine remains very common.

Récupéré en direct depuis OpenAlex et désinversé. Les résumés ne sont pas conservés dans cette base de données : les index inversés représentent 8,6 Go des 9,3 Go de texte de la base, et le serveur dispose de 13 Go libres.