THE FUNCTIONAL ROLE OF THE PROHIBITION OF FORCED LABOR IN THE CONTEMPORARY LEGAL FRAMEWORK FOR THE IMPLEMENTATION OF THE FREEDOM OF EMPLOYMENT CONTRACTS

Abstract

In the context of modern transformations of the labor market, the spread of  flexible forms of employment, and the digitalization of labor relations, the issues of ensuring the freedom of employment contracts and compliance with the prohibition of forced labor as one of the fundamental international human rights standards are of particular relevance. The prohibition of forced labor serves as a necessary prerequisite for the realization of labor freedom, as it determinesthe limits of permissible influence on the employee’s will and prevents the use of labor against a person’s free choice. At the same time, contemporary socio-economic processes contribute to the emergence of new, latent forms of coercion, complicating their identification and legal qualification.The article examines the functional role of the prohibition of forced labor within the mechanism for implementing the freedom of employment contracts. It is substantiated that the prohibition of forced labor performs not only a restrictive but also a protective function, ensuring the voluntary expression of will of the parties to the employment contract and safeguarding the employee as the weaker party in labor relations. Particular attention is paid to the analysis of international legal standards in this field, developed within the framework of the International Labour Organization, as well as to their implementation in the national legislation of Ukraine. The paper analyzes doctrinal approaches to understanding forced labor, criteria for distinguishing it from related legal phenomena, including economic dependence, and contemporary forms of coercion in labor relations. It emphasizes the importance of human dignity as a fundamental constitutional value that determines the direction of legal regulation of labor relations and serves as a criterion for assessing the admissibility of any restrictions on labor freedom. It is concluded that there is a need to improve legal regulation to ensure the freedom of employment contracts and prohibit forced labor, in particular by clarifying the criteria for legal qualification of coercion, strengthening legal guarantees, and adapting legislation to the current challenges of labor market development.