DEFINITION AND SUBJECTS OF COLLECTIVE LABOR RELATIONS
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The concepts and subjects of collective labor relations are defined in the article. Collective labor relations are proposed to be defined as regulated by norms of labor law volitional social relations within which collective labor rights and the duties are performed by their subjects, and corresponding obligations are executed according to the labour legislation in force. Article’s main body. Unlike individual labor relations, collective labor relations arise and function at different levels. Taking into consideration Art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine» the parties of collective labor relations at national, sectoral, territorial and local levels are defined. At the national, sectoral and territorial levels parties of collective labor relations, based on the content of art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine» are the trade union side, the side of employers and the side of bodies of executive power. Each of these parties has representatives that Art. 4 named subjects of the trade union side, employers’ side and the side of the bodies of executive power correspondingly. The subjects of the trade union party are trade union’s associations, whose legal status is defined by the Law of Ukraine «On Trade Unions, their Rights and Guarantees». At the national, sectoral and territorial levels as subjects of employers’ side in the art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine» are recognized organizations of employers and their associations, the legal status of which is fixed by the Law of Ukraine «On the employers’ organizations, their associations, rights and guarantees of their activity». The subjects of bodies of executive power at the national level in accordance with art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine» is the Cabinet of Ministers of Ukraine; at the sectoral level – the relevant central bodies of executive power; at territorial level – local bodies of executive power acting on the territory of the respective administrativeterritorial unit. At the local level, as parties of social dialogue in art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine» are defined the side of employees and the side of employers. Apart from the parties of the social dialogue and their subjects under Art. 4 of the Law of Ukraine «On Social Dialogue in Ukraine», to the subjects of collective labor relations should be referred organizations of trade unions, trade union bodies, trade union’s representatives, social dialogue bodies (National Tripartite Social and Economic Council and territorial tripartite social and economic councils), conciliation bodies on resolution of labor disputes (conflicts). Conclusions and prospects for the development. Proposals are introduced on legislative consolidation of subjects of collective labor relations in Article 19 of the draft Labour Code of Ukraine, and the Sixth Book to be supplemented with articles on definition and types of indicated relationships.
Authors and Affiliations
G. I. Chanysheva
Keywords
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