of September 15, 1999 No. 1045-XIV
About labor unions, their rights and guarantees of activities
This Law determines features of legal regulation, the principles of creation, the right and guarantee of activities of labor unions.
In this Law the following terms are applied:
labor union (labor union) - the voluntary non-profitable public organization uniting the citizens connected by common interests by the nature of their professional (labor) activity (study);
primary organization of labor union - voluntary consolidation of members of labor union who, as a rule, work at one company in organization, the organization irrespective of pattern of ownership and type of managing or at the physical person using wage labor or provide themselves with work independently, or study in one organization of education;
the organizations of labor union - the organizational links of labor union determined by the charter of labor union, operating within the powers conferred by the charter and this Law;
the member of labor union - the person which is part of labor union, recognizing its charter and paying the membership fees;
trade-union body - the body created according to the charter (provision) of labor union, trade union association through which the labor union performs the powers;
the trade-union representative - the head of labor union, its organization, trade union association, trade-union body, the professional organizer or other person authorized on representation by the charter or the relevant decision of trade-union body;
the employer - the owner of the company, organization, organization irrespective of pattern of ownership, type of activity, industry accessory or the body (head) or physical person authorized by it which according to the legislation uses wage labor;
the worker - the physical person working based on the employment contract at the company in organization, the organization or at the physical person using wage labor.
Labor unions are created for the purpose of implementation of representation and protection of the labor, social and economic rights and interests of members of labor union.
Activities of labor unions are based on the principles of legality and publicity. Information on their statutory and program documents is public.
Operation of this Law extends to activities of labor unions, their organizations, trade union associations, trade-union bodies and to trade-union representatives in limits of their powers, to employers, their associations, and also to state bodies and local government bodies.
Features of application of this Law in the Armed Forces of Ukraine (for the military personnel), National police, the Public criminal and executive service of Ukraine, the Security Service of Ukraine, Service of foreign intelligence of Ukraine, Service of judicial protection, are established by the relevant laws.
Operation of this Law does not extend to activities of associations of the citizens created according to other laws of Ukraine.
Determination "labor union" or derivatives from it can use only those organizations which act on the basis of the this Law in the name.
The laws and other regulatory legal acts cannot be directed to restriction of the rights and guarantees of activities of the labor unions provided by the Constitution of Ukraine, this Law except the cases provided by part two of article 3 of this Law.
The law of Ukraine "About associations of citizens" is applied to labor unions if other is not provided by this Law.
If international treaties, agreements, conventions which consent to be bound is this the Verkhovna Rada of Ukraine, provide higher level of guarantees on ensuring activities of labor unions, then regulations of the international treaty or the agreement are applied.
Accessory or not belonging to labor unions does not attract any restrictions of the labor, social and economic, political, personal rights and freedoms of the citizens guaranteed by the Constitution of Ukraine, other laws of Ukraine.
Any restriction of the rights or establishment of benefits in case of the conclusion, change or the termination of the employment contract in connection with accessory or not belonging to labor unions or certain labor union, the introduction is forbidden in it or exit from it.
Citizens of Ukraine have the right on the basis of free declaration of will without any permission to create labor unions, to enter them and to leave them on conditions and according to the procedure, determined by their charters, to take part in work of labor unions.
Foreign citizens and stateless persons cannot create labor unions, but can join trade unions if it is provided by their charters.
Persons who work at the company, in organization or the organization irrespective of patterns of ownership and types of managing, at the physical person using wage labor, persons who provide themselves with work independently faces which study in organization of education can be members of labor unions.
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