Draft Law of Ukraine

"On Amendment of the Law of Ukraine "On the Procedure for Settlement of Collective Labor Disputes (Conflicts)"

The Law of Ukraine "On the Procedure for Settlement of Collective Labor Disputes (Conflicts)" was passed on March 3, 1998.

Subject of a collective labor dispute is unregulated difference, which arose between employees and employers with respect to:

• the employer establishing new or changing the existing social-economic conditions for labor and production life;
• concluding or changing conditions of the collective labor agreement;
• the employer not fulfilling conditions of the collective labor agreement;
• the employer not fulfilling the legislation on labor.

Collective labor dispute may arise on such levels:

• industrial;
• territorial;
• territorial-branch;
• branch;
• national.

The employer or their representative shall consider requirements of the hired employees within the three-day term from the date of receiving requirements and inform representatives of the employees on their decision in writing.

Collective labor dispute shall arise from the moment, when the authorized representative body of the hired employees has obtained from the employer a notification on full or partial refusal to satisfy collective requirements and passed the decision on disagreement with the employer's reply. Also a dispute shall arise when there was no reply from the employer.

Registration of collective labor disputes is to be performed by the National Service for Mediation and Reconciliation.

Consideration of collective labor disputes shall be consequently performed:

• through negotiations of the parties with participation of an independent mediator;
• by reconciliation commission;
• by labor arbitration.

Independent mediator – is a person, contributing to cooperation and negotiations between the parties to a collective labor dispute, participating in production of a mutually beneficial decision by reconciliation commission. Independent mediator is determined by the parties to a collective labor dispute upon recommendations of the National Service for Mediation and Reconciliation.

Reconciliation commission – is a temporary body designated for production of a decision for settling a collective labor dispute. The commission includes representatives of the parties to a collective labor dispute.

In case there is no agreement in the reconciliation commission, a collective labor dispute is to be settled through creation of labor arbitration. Labor arbitration includes specialists and experts attracted by the parties or arbitrators from the National Service for Mediation and Reconciliation.

In case reconciliation procedures have not resulted into settlement of a collective labor dispute, employees may pass the decision on announcing a strike.

Lockout and liquidation of the enterprise upon its owner's decision shall be prohibited during the period of settling a collective labor dispute or strikes. Lockout is dismissal of the hired employees upon the employer's initiative due to a collective labor dispute and announcement of strike.

The draft, if approved, will improve the procedure for settling collective labor disputes.