Ways of improvement of legislative solution of collective labour disputes (conflicts)

Abstract

In the article the essence of the legal understanding of the collective labour dispute as a normatively regulated by the procedure of consideration of disputes between the parties, that is the point of departure for the operation of the legal mechanism of its realization and legal theories of regulation of the procedure of settlement of collective labour disputes (conflicts), which will contribute to minimizing tensions in the society and improve people's welfare. It is established that so far the law has not defined the legal understanding of the collective labour dispute as a normatively regulated by the procedure of consideration of disputes between the parties, that is our starting point for the action of a legal mechanism for its implementation, and the current definition of this category actually identifies it with a subject of collective dispute unsettled disagreements between workers and employers. Also noted that currently is not legislatively defined procedure for settlement of disputes between the parties of socio-labor relations in cases of bankruptcy or insolvency of a business entity, and not explicitly specify the defining moment corresponding to the fact that begins the serial number of mandatory actions of the parties to the dispute. Proposed amendments to the current legislation, which will provide improvement of the procedures for resolving collective labour disputes (conflicts) and will be a component of real reforming of the system of protection of labor rights in Ukraine that will promote the increase of efficiency of application of norms of the legislation in this sphere.