Comparative Legal Analysis of the Legislation of Labor Protection in Construction Using the Example of the EU, Azerbaijan and Ukraine
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2018-06-20 
https://doi.org/10.14419/ijet.v7i3.2.14375
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Decent work, EU law, Labor safety, Legislation on labor protection in construction, Worker. -
The present article deals with the legislation on labor protection in the construction of the European Union and compares it with the law ofUkraineandAzerbaijan. The main focus of the paper is on Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites. Comparing its content with the legislation on labor protection at the construction sites ofUkraineandAzerbaijan, the authors conclude that the guarantees of the right to labor protection in the EU cover a much wider range of subjects than in other states. This is due to the fact that the term «worker», in accordance with the case-law of the Court of Justice, covers persons who performs services for and under the direction of another person; pursues real, genuine activities, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary; in return for which he receives remuneration. In addition, guarantees of labor protection in the EU extend to the self-employed person, whose professional activity contributes to the completion of a project. Proposed ways to adapt Ukrainian and Azerbaijani legislation to EU law.
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References
[1] World Day – 28 April, http://www.ilo.org/moscow/areas-of-work/occupational-safety-and-health/WCMS_305902/lang--en/index.htm.
[2] Safety and health at work, http://www.ilo.org/global/topics/safety-and-health-at-work/lang--en/index.htm
[3] Hämäläinen P., Takala J., Boon Kiat T., Global Estimates of Occupational Accidents and Work-related іllnesses 2017, P.11, available online: http://www.icohweb.org/site/images/news/pdf/Report%20Global%20Estimates%20of%20Occupational%20Accidents%20and%20Work-related%20Illnesses%202017%20rev1.pdf.
[4] Transforming our world: the 2030 Agenda for Sustainable Development, https://sustainabledevelopment.un.org/post2015/transformingourworld.
[5] National Report «The Objectives of Sustainable Development: Ukraine» provides a vision for benchmarks for achieving Ukraine's goals of sustainable development, available online: http://un.org.ua/images/sdgs_nationalreportua_web_1.pdf.
[6] Statistical data on occupational injuries since the beginning of the year, http://dsp.gov.ua/statystychni-dani-vyrobnychoho-travma-2/.
[7] Azerbaijan- 2030: from the millennium development goals towards the sustainable development goals. Voluntary National Review of theRepublicofAzerbaijanon the first steps in the implementation of the 2030 Agenda for Sustainable Development Drafted for submission to the High-Level Political Forum on Sustainable Development, available online: https://sustainabledevelopment.un.org/content/documents/16005Azerbaijan.pdf.
[8] Safer and Healthier Work for All – Modernisation of the EU Occupational Safety and Health Legislation and Policy, Communication from the Commission to the European Parliament, the Council, the Eropean Economic and Social Committee and the Committee of the Regions (on 10.1.2017), https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:52017DC0012.
[9] European Statistics on Accidents at Work (ESAW), 2011.
[10] Based on Eurostat, EU LFS ad hoc modules on accidents at work and work-related health problems 2007 and 2013.
[11] Indeed, 7.9% of persons who work or have worked before declare suffering from one or more work-related health problems caused or made worse by work, EU-27. Eurostat, 2013 EU-LFS ad hoc module on accidents at work and work-related health problems (online data code hsw_pb1), Commission staff working document ex-post evaluation of the European Union occupatinal safety and health Directives (REFIT evaluation) Accompanying the document communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Safer and Healthier Work for All - Modernisation of the EU Occupational Safety and Health Legislation and Policy (on 10.1.2017), https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:52017SC0010.
[12] Work-related accidents and injuries cost EU €476 billion a year according to new global estimates, https://osha.europa.eu/en/highlights/eu-osha-presents-new-figures-costs-poor-workplace-safety-and-health-world-osh-congress
[13] Socio-economic costs of accidents at work and work-related ill health Key messages and case studies. European Commission, November, 2011. Ð .20.
[14] Calculating the international return on prevention for companies: costs and benefits of investments in occupational safety and health, International Social Security Association; 2013.
[15] By the Constituent Acts of the European Union, the European Social Charter has been attributed to us by the requirement of Article 151 of the Treaty on the Functioning of the European Union, according to which the European Union and the Member States have concluded the said agreement, having in mind the fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, available online: http://eur-lex.europa.eu/resource.html?uri=cellar:41f89a28-1fc6-4c92-b1c8-03327d1b1ecc.0007.02/DOC_1&format=PDF.
[16] Charter of Fundamental Rights of the European Union, available online: http://www.europarl.europa.eu/charter/pdf/text_en.pdf.
[17] Interinstitutional Proclamation on the European Pillar of Social Rights, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017C1213%2801%29.
[18] Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01989L0391-20081211
[19] Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01992L0057-20070627
[20] Commission staff working document «Ex-post evaluation of the European Union occupatinal safety and health Directives» (REFIT evaluation). Accompanying the document. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Safer and Healthier Work for All – Modernisation of the EU Occupational Safety and Health Legislation and Policy (on 10.1.2017), https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:52017SC0010.
[21] Eurostat, ESAW (online data codes hsw_02_01 and hsw_02_02).
[22] EU SMES and sub-contracting, EIM Business & Policy Research, 2009, P.24.
[23] DG EMPL, Employment and Social Developments in Europe 2015, Chapter 1.1. Self-employment and entrepreneurship.
[24] In particular, in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part) (available online: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:02014A0830(02)-20161110); in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part) (available online: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:02014A0830(01)-20161019).
[25] Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1524846123494&uri=CELEX:22014A0529(01)
[26] On Approval of Minimum Requirements for Occupational Safety at Temporary or Mobile Construction Plots: Order of the Ministry of Social Policy of Ukraine dated 23 June 2017 No. 1050, registered with the Ministry of Justice of Ukraine on September 08, 2017 under No. 1111/30979, available online: http://zakon5.rada.gov.ua/laws/show/z1111-17/print1510136552882969
[27] For example, Italy referred to the decision of the First Chamber of the Court of 25 July 2008 on the case of the Commission of the European Communities against the Italian Republic (Case 504/06) (available online: http://curia.europa.eu/juris/document/document.jsf?text=&docid=68150&pageIndex=0&doclang=IT&mode=lst&dir=&occ=first&part=1&cid=1195133), or the decision of the Fifth Chamber of the Court of 7 October 2010 (Case C-224/09) (available online: http://curia.europa.eu/juris/document/document.jsf?text=&docid=79375&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=1194778).
[28] This is explicitly mentioned in Article 2 (a) of the Directive.
[29] Case C-518/15. Judgment of the Court. 21 February 2018, available online: http://curia.europa.eu/juris/document/document.jsf?docid=199508&mode=req&pageIndex=1&dir=&occ=first&part=1&text=%2522concept%2Bof%2B%25E2%2580%2598worker%25E2%2580%2599%2522&doclang=EN&cid=66611#ctx1.
[30] Case C‑216/15. Judgment of the Court. 17 November 2016, available on line: http://curia.europa.eu/juris/document/document.jsf?docid=185444&mode=req&pageIndex=1&dir=&occ=first&part=1&text=%2522concept%2Bof%2B%25E2%2580%2598worker%25E2%2580%2599%2522&doclang=EN&cid=66611#ctx1.
[31] Case C-256/01. Judgment of the Court. 13 January 2004, available online: http://curia.europa.eu/juris/document/document.jsf?text=&docid=48839&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=296684.
[32] Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, available online: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01989L0391-20081211.
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How to Cite
Bozhko, V., Kulchii, I., & Szydło, J. (2018). Comparative Legal Analysis of the Legislation of Labor Protection in Construction Using the Example of the EU, Azerbaijan and Ukraine. International Journal of Engineering & Technology, 7(3.2), 54-58. https://doi.org/10.14419/ijet.v7i3.2.14375
