NATIONAL MEDIATION AND CONCILIATION SERVICE AND ITS ROLE IN SETTLING COLLECTIVE LABOR DISPUTES

Apply

NATIONAL MEDIATION AND CONCILIATION SERVICE AND ITS ROLE IN SETTLING COLLECTIVE LABOR DISPUTES

Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18

Abstract

Problem setting. Under the crisis conditions the employees of enterprises are in a flap, they afraid of losing their jobs, do not get paid on time. Therefore, an important task of the state, under the present conditions, is to develop legal measures aimed at preventing strikes. Using conciliation procedures to resolve collective labor dispute is generally accepted in today’s world. Analysis of recent researches and publication. Scientific and theoretical aspects of this problem have been studied by such lawyers as O. M. Yaroshenko, N. B. Bolotina, G. I. Chanysheva, M. I. Inshyn, N. M. Shvets, V. V. Lazor, L. Bezzubko, V. M. Rudenko, V. J. Burak, S. I. Zapara and others. Target of research. The purpose of this article is to clarify the meaning of the National Mediation and Conciliation Service in resolving collective labor disputes. Article’s main body. The global economic crisis aggravated in Ukraine the need to preserve social peace. Under the crisis conditions, employees of enterprises are in a flap, feeling the fear of losing a job, do not get paid on time. Therefore, an important task of the state under the present conditions is to develop legal measures aimed at preventing strikes. Using conciliation procedures to resolve collective labor dispute is generally accepted in today’s world. Problems on prevention of collective labor disputes require in-depth research with analyzing not only the current legislation, but also the foreign legal material and experience in this field. In order to facilitate the improvement of labor relations and prevention of collective labor disputes, to forecast and facilitate its timely resolution, to implement the mediation to resolve such disputes the President of Ukraine created the National Mediation and Conciliation Service. The Service within its authority takes the decisions that should be considered by the parties of collective labor dispute. However, it is advisable to note that the proposals of NMCS should be recognized as recommendations. Conclusions and prospects for the development. Given the fact that the strike – the latest means of resolving a collective labor dispute that has negative consequences for both employers and employees and the economy as a whole, the role of National Mediation and Conciliation Service in preventing strikes is undervalued. To this aim the NMCS responsive to the request of the parties of collective labor dispute at those enterprises, institutions and organizations where disputes arose. Highly skilled experts of Service register dispute, meet the requirements of the conflicting parties and try to reconcile the parties. When the collective labor dispute turns into a strike – the NMCS delegate its representatives to the enterprise, institution, organization pursuing a higher purpose – to put the disputing parties negotiate and settle a conflict by preventing the escalation of a long strike action. In practice, the Service proved its effectiveness as to prevent strikes and to stop them in the beginning of the strike; all this indicates the social significance of the activities of the Service, highly qualified arbitrators, mediators in the NMCS in preventing strikes.

Authors and Affiliations

V. A. Radionova-Vodyanytska

Keywords

EP ID EP455986
DOI -
Views 108
Downloads 0