RIGHT TO STRIKE: FEATURES OF ENFORCEMENT AND LIMITATIO

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RIGHT TO STRIKE: FEATURES OF ENFORCEMENT AND LIMITATIO

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

Abstract

Problem setting. On the territory of Ukraine from time to time the strikes have been staged. It is the wake-up call for both domestic and foreign policy focused on maintaining an attractive social climate of the state. However, the strike is an effective mean of resolving collective labor disputes despite the complicated procedure of its staging. But the law on strikes is difficult, it contains provisions that ambiguously perceived and impede the law enforcement practice, in particular, concerning with the ban on strikes. Analysis of resent researches and publications. The problems of the enforcement the right to strike are examined by such representatives of the scientific community as Bezzubko LV., Burak V. Y., Bolotina N. B., Zapara S. I., Kuyan I.A., Lazor V. V., Murashyn O. G., Pylypenko P. D., Pohribna N. M., Protsyshen M. V., Sloma V. M. Slusar A. M., Sokol M. V., Stadnyk M. P., Chanyshev G. I. and other. Target of research. The purpose of this article is to analyze the problematic legal aspects of right to strike enforcement and strike prohibition cases. Article’s main body. Strike is an extreme mean of solving the collective labor dispute, so the attempt to expand the list of categories of employees who are allowed to strike may lead to a gradual increase of the number of categories of employees that will put pressure on legislators to have the guarantee of the right to strike, and such situation could lead to uncontrolled processes that are not desirable in the territory of any civilized state. Let us consider at some legal aspects of the right to strike realization. Thus, from our position, the viability of the enterprise during the strike is the coordinating actions of the employer, local executive power and body (person) leading the strike in order to prevent a complete stop of the enterprise activity, prevent downtime, ensure the work of the part of staff that does not participate in the strike and so on. If the strike had been announced in the enterprise, the employer must do everything in its power to give to the employees who does not involved in the strike the opportunity to get theirs jobs and start to work, receive necessary medical care, eat in the dining room, freely leave the territory of the enterprise during the breaks for rest and meals and at the end of the day, and so on. From our point of view, the parties of the collective labor dispute should ideally agree on all (majority) items spelled out in the requirements strikers that had been declared and were formalized in protocol and addressed to the employer, and also should immediately start to implement these requirements in practice. The suspension of the strike is advisable to register in the decision about the end of the strike. Conclusions and prospects for the development. On the pages of this article a number of proposals had been drafted. In particular, the notions of «viability of the enterprise» during the strike had been detailed, the author paid attention to the unreasonableness of distributing the institute of mediation for settling the collective labor disputes (conflicts); it has been proposed to expand the list of categories of employees who are not allowed to strike, for example, bank employees, employees of strategically important for state security companies; it has been proposed to the higher education institutions to implement legal orientation training (arbitrators, mediators) to work in the labor arbitration and conciliation commissions to prevent strikes; also it has been proposed to detailing the provisions of law №137 on the format of written notification of the employer about the employees’ requirements and on declaring the strike by email; it has been detailed the moment of the strike ending.

Authors and Affiliations

N. M. Shvets

Keywords

EP ID EP455866
DOI -
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