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LAW OF UKRAINE

of July 1, 1993 No. 3356-XII

About collective agreements and agreements

(as amended on 05-12-2019)

This Law determines the legal basis of development, the conclusion and accomplishment of collective agreements and agreements with the purpose of assistance to regulation of employment relationships and social and economic interests of workers and employers.

Article 1. Collective agreement and agreement

The collective agreement, the agreement consist based on the current legislation, obligations assumed by the parties for the purpose of regulation of the production, employment and social and economic relationships and coordination of interests of workers and employers.

Article 2. Sphere of the conclusion of collective agreements, agreements

The collective agreement is signed at the companies, in organizations, the organizations (further - the companies) irrespective of patterns of ownership and housekeeping which use wage labor and have the right of the legal entity.

The collective agreement can be signed in structural divisions of the company within competence of these divisions.

The agreement is signed at the national, industry, territorial levels on bilateral or tripartite basis:

at the national level - the general agreement;

at the industry level - industry (cross-industry) agreements;

at the territorial level - territorial agreements.

Article 3. Parties of the collective agreement, agreement

The collective agreement is signed between the employer on the one hand and one or several trade-union bodies, and in case of absence of such bodies employee representatives, the elite and representatives labor collective on the other hand.

The parties of collective agreements are the parties of social dialogue which structure is determined according to the legislation on social dialogue.

The agreement at the regional level is signed between local authorities of the government or regional associations of entrepreneurs if they have appropriate authority, and trade union associations or other bodies authorized by labor collectives.

Article 4. Right to negotiating and conclusion of collective agreements, agreements

The right to negotiating and the conclusion of collective agreements, agreements is provided to the parties of social dialogue which structure is determined according to the legislation on social dialogue.

In the presence at the company of several labor unions or their associations or other representatives by labor collectives on representative office of bodies they shall create joint representative body for negotiating and the conclusion of the collective agreement.

In case of default of agreement of rather collective agreement in joint representative body general meeting (conference) of labor collective approves the most acceptable draft of the collective agreement and charges to labor union or other representative labor collective to body which developed the project, on its basis to hold negotiations and to conclude the collective agreement approved by general meeting (conference) on behalf of labor collective with the employer.

In case of default of agreement in joint representative body the agreement is considered the prisoner if it was signed by trade union representatives or their associations which include the majority of hired employees of the state, industry, the territory.

In the presence at the national, industry, territorial levels of several representative according to the legislation of Ukraine on social dialogue of subjects of the trade-union party and the party of employers for negotiating and agreement signature of appropriate level they shall create joint representative body.

Initiate agreement signature about formation of joint representative body of subjects of the trade-union party and party of employers of appropriate level any subject of the trade-union party, representative according to the legislation of Ukraine on social dialogue, and the parties of employers can.

Labor unions and their associations, the organizations of employers and their consolidation who do not answer criteria of representativeness according to the decision of the elected bodies can confer powers to the representative organizations and associations of appropriate level for representation of the interests during conducting collective bargainings and the conclusion of agreements of appropriate level.

The joint representative body of the party of labor unions, employers can conduct negotiations and sign collective agreements of appropriate level at the request of his members who are representative according to the legislation of Ukraine on social dialogue.

Article 5. Ratio of the legislation and collective agreement, agreement, employment contract

Conditions of collective agreements and the agreements signed according to the current legislation are obligatory for the companies to which they extend, and the parties which imprisoned them.

Conditions of collective agreements or agreements which worsen situation of workers in comparison with the current legislation are invalid, and it is forbidden to include them in the contract and agreement.

It is forbidden to include in employment contracts of condition which worsen situation of workers in comparison with the current legislation, collective agreements and agreements.

Article 6. Inadmissibility of prohibition of activities for the conclusion and accomplishment of collective agreements and agreements

Any intervention which can limit legitimate rights of workers and their representatives is forbidden or forbid their implementation, from bodies of the representative and executive authority and economic board, political parties, employers in case of the conclusion and accomplishment of collective agreements, agreements.

Negotiating and the conclusion of collective agreements and agreements from employee name by the organizations or bodies which are created is not allowed or are financed by employers, political parties.

In case when interests of labor collective are represented by trade-union body, persons who are members of elected body of this labor union cannot represent the interests of the employer.

Article 7. Contents of the collective agreement

Contents of the collective agreement are determined by the parties within their competence.

In the collective agreement cross liabilities of the parties on regulation of the production, employment, social and economic relationships are established, in particular:

to change in production organization and work;

to ensuring productive employment;

to regulation and compensation, establishment of form, system, sizes of the salary and other types of labor payments (surcharges, allowances, awards, etc.);

to establishment of guarantees, compensations, privileges;

to participation of labor collective in forming, distribution and use of profit of the company (if it is provided by the charter);

to operating mode, duration of working hours and rest;

to conditions and labor protection;

to ensuring domestic, cultural, medical attendance, organization of improvement and rest of workers;

to guarantees of activities trade-union or other representative employee organizations;

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