ILLEGAL DEPRIVATION OF AN EMPLOYEE’S OPPORTUNITY TO WORK: LEGAL NATURE AND INTERNATIONAL ANALYSIS OF COMPENSATION MECHANISMS

Abstract

This article examines the employer’s illegal deprivation of an employee’s opportunity to work as an independent form of violation of labor rights. The study reveals gaps in the current national labor legislation, in particular the insufficient regulation of liability and compensation mechanisms for such violations. Based on international labor standards, ILO conventions and the practice of several foreign countries, proposals are put forward for improving compensation and reinstatement mechanisms.