Reforming Legislation on Collective Labour Relations Engaging Trade Union as a Party
Published: 15 February 2021
Abstract: The paper covers problematic issues of reforming the legislation on collective labour relations with the participating trade union representing the interests and defending the rights of employees, consisting in a workers’ collective, during collective bargaining, concluding a collective agreement, holding a social dialogue on the local level. The article contains an analysis of a draft legislation such as draft laws On Labour, On Amending Certain Legislative Acts of Ukraine (Regarding Certain Issues of Trade Unions’ Activity), On Amending the Law of Ukraine On Collective Agreements and Contracts in order to reveal the main trends of the proposed drafts, their scientific analysis, and producing own conclusions regarding impact of these draft laws upon the efficiency of the trade unions movement in Ukraine.The study of the proposed amendments to certain legislative acts as well as corresponding conclusions are made in observance of the current trends in the development of judicial application of legislative provisions on the preferential right of a unit trade union to represent a collective’s interests during collective bargaining regarding concluding or amending a collective agreement at an enterprise or institution. The paper contains a discussion on problematic (from a perspective of legal exercising and research) issues of the current legislative provisions on the safeguarding implementation of trade unions competence conformity to the Constitution of Ukraine, ILO Convention No. 87, and the recent case-law.The accordance of principles of rule of law and legality, representation, and efficient representing of workers’ collective interests during the in-court dispute resolution regarding representing the collective of workers and accession to an effective collective agreement is highlighted.In the conclusion it is stated that there is a negative trend on further deterioration of the trade unions’ position as representatives of labour collectives empowered with representative and defensive functions in relations with employers. Besides that, it is stressed that adoption and implementation of the argued legislative initiatives will eventually cause deepening the crisis of trade unionism and deteriorating of social standards. It will make a negative impact on a person’s social security in the state. There are grounds to assert forming case-law acknowledging works councils as equally authorized representatives of the workers’ collective in collective bargaining. In the meantime, the practice of rejection of new trade union’s units to join an effective collective agreement within the employer’s enterprise persists. It is concluded with the necessity to improve the system of normative safeguards for the trade unions activity and creating an efficient mechanism for countering abuse of rights, including safeguarding provisions, by parties of collective labour relations.
Keywords: laws / enterprise / workers / trade unions / collective bargaining / Party / Legislative / draft / Union to represent
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