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LAW OF UKRAINE

of March 3, 1998 No. 137/98-BP

About procedure for permission of collective employment disputes (conflicts)

(The last edition from 16-10-2012)

This Law determines legal and organizational basis of functioning of system of measures for permission of collective employment disputes (conflicts) and is directed to implementation of interaction of the parties of the social and labor relations in settlement process of collective employment disputes (conflicts) which arose between them.

Section I GENERAL PROVISIONS

Article 1. Law coverage

The regulations established by this Law extend on hired employees and the organizations formed by them according to the legislation for representation and protection of their interests and to employers, the organizations of employers and their consolidation.

Hired employee - the physical person working according to the employment contract at the company in organization and the organization, in their associations or at the physical persons using wage labor.

The employer - legal (the company, organization, the organization) or physical person which within employment relationships uses work of physical persons.

Article 2. Concept of collective employment dispute (conflict)

The collective employment dispute (conflict) is the disagreements which arose between the parties of the social and labor relations, relatively:

a) establishments new or changes of the existing social and economic working conditions and production life;

b) conclusions or changes of the collective agreement, agreement;

c) accomplishment of the collective agreement, agreement or their separate provisions;

d) failures to meet requirements of the legislation on work.

Article 3. Parties of collective employment dispute (conflict)

The parties of collective employment dispute (conflict) are:

at the factory level - hired employees (separate categories of hired employees) of the company, organization, organization or their structural divisions either primary trade-union or authorized by hired employees other organization and the employer. According to the order in collective employment dispute (conflict) other face, the organization of employers, merging of the organizations of employers can represent the interests of the employer;

at the industry, territorial levels - hired employees of the companies, organizations, organizations of one or several industries (professions) or administrative and territorial units or labor unions, their associations or other representatives these hired employees bodies and the organizations of employers, their consolidation or the central executive bodies, or the local executive bodies operating in the territory of corresponding administrative and territorial unit;

at the national level - hired employees of one or several industries (professions) or labor unions or their associations or other representatives hired employees bodies and the All-Ukrainian Unions of the organizations of employers or the Cabinet of Ministers of Ukraine.

The body authorized by hired employees on representation is the single plenipotentiary of hired employees until the termination of such dispute (conflict).

Article 4. Forming of requirements of hired employees, labor unions

Requirements of hired employees at the factory level are created and affirm general meeting (conference) of hired employees or are created by petition and are considered acting in the presence of at least a half of signatures of members of labor collective of the company, organization, the organization or their structural division. Together with promotion of requirements the meeting (conference) of hired employees determines body or person which will represent their interests.

Requirements of hired employees at the industry, territorial or national levels are created and affirm:

in cases when the interests of hired employees are represented by labor union, trade union associations - the decision of elected body of the relevant labor union, trade union association;

in cases when the interests of hired employees are represented by other representatives them the organizations (bodies) - conference of representatives of the companies, organizations, the organizations elected by meeting (conference) of employees of the companies, organizations, the organizations which are in condition of employment dispute (conflict).

Requirements of hired employees, labor union or trade union association are drawn up by the relevant protocol and the organizations of employers, to merging of the organizations of employers go to the employer or person authorized by it.

Article 5. Procedure and terms of consideration of requirements of hired employees or labor union

The employer or person authorized by him, the organization of employers, merging of the organizations of employers shall consider requirements of hired employees, categories of hired employees, group of workers or labor union and to notify their representatives on the decision in three-day time from the date of receipt of requirements.

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