LAW OF UKRAINE

of July 1, 1993 No. 3356-XII

About collective agreements and agreements

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 company, in organization, the organization, and also with the physical person using wage labor (further - the company).

The part two is excluded according to the Law of Ukraine of 12.05.2022 No. 2253-IX

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 parties of the collective agreement are:

the party of the employer which subjects are the employer and/or authorized representatives of the employer, in particular, representatives of separate divisions of the legal entity;

the party of workers which subjects are primary trade-union organizations which operate on the company in organization, the organization, separate divisions of the legal entity, unite the staff of the physical person using wage labor and represent the interests of workers which work at the basis of employment contracts at this employer, and in case of their absence - the representatives (representative) who are freely elected workers for conducting collective bargainings.

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.

If at the company several trade-union organizations are created, they shall on the principles of pro rata representation (according to the number of members of everyone) to form for negotiating according to the conclusion of the collective agreement joint representative body by the conclusion of the relevant agreement and in writing to notify on it the employer.

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.);

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