Yana Simutina. Legal Relations Connected with Professional Training of Employees in the Context of Legal Facts Resulting in Emergence Thereof
The article deals with theoretical and practical problems of legal regulation of relations of employees’ professional training which, as a rule, are precedent to labor ones, or are accompanying thereof.
Professional training is gaining and improving professional knowledge, skills and abilities by a person according to his/her avocation and capabilities, which ensure relevant level of professional qualification for professional activities and competitiveness at the labor market. The system of professional activities embraces: 1) persons who undergo initial professional training in educational institutions and other institutions which carry out or provide for training of qualified workers and professionals; 2) employees who undergo initial professional training, re-training and advanced training during their work activities; 3) unemployed persons who are looking for job and need initial professional training, re-training or advanced training.
The attention is mainly paid to legal facts – the grounds for creation of such relations. It was ascertained that the main legal fact, on the grounds of which legal relations of employees’ professional training are created, is the agreement of their assignment to an educational institution for professional training, re-training or advanced training.
The conclusion was made that the training agreement is of labor law nature as a special kind of agreement in the labor sphere, taking into consideration the fact that the training agreement has an independent subject matter and is the grounds for creation of not labor, but relations tightly connected with labor relations, which precede them or are accompanying them, related to training and professional education of employees directly at the employer’s organization. The conducted analysis of the legal regulation of entering into training agreements in the legislation of foreign countries confirms the necessity of legal regulation of the relations which are created on the grounds of training agreement in Ukrainian labor legislation.
Keywords: legal relations, tightly connected with labor relations, professional education, professional training, advanced training, training agreement.