Problems in the Application of Legislation Concerning Advanced Training of Employees

Abstract

The purpose of the study is to analyze legislation concerning additional vocational training and employees' professional development. The author analyzes scientific views on the issue, relevant legislation and jurisprudence. As a result of the study, it has been revealed that the existing legal regulation of relationships in question does not fully meet the modern production needs and the interests of employees. Some proposals have been made to improve the law. The author considers that the right of an employee to additional vocational training is not sufficiently guaranteed, and proposes to establish an obligation of the employer to organize employees' professional development at intervals of three years. If the employer fails to perform the duty and an employee is subsequently dismissed, employers must be obliged to reimburse the costs incurred by the employment service in retraining citizens. It is advisable to define in the law the conditions under which an employee may initiate a referral for additional vocational training (long work experience for the employer, absence of violations of labour discipline, etc.), which would facilitate the exercise of the right to additional vocational training by the employee. It is concluded that an additional vocational training contract shall be made if the employer is not obliged to organize qualification development. If the employer has such an obligation by virtue of the law or other legal acts, the employee may not be required to serve for a certain period of time for the employer. That would be contrary to the law. Thus, the employee has no obligation to reimburse the vocational training costs. The need to clarify the concept of "competence" and to harmonize it with the term "qualifications" is highlighted by the author.