THE ROLE OF THE TRADE UNION IN THE EMPLOYMENT OF THE ELECTED EMPLOYEE

Abstract

union in the legal regulation of the labor activity of
an elected employee. The requirements to the statutes
of trade unions of all levels are analyzed, in particular,
attention is paid to the organizational structure
of the trade union, the powers of its organizations,
elected bodies, the order of formation of their composition.
Attention is drawn to the change in the
terms of the employment contract, remuneration,
disciplinary action against elected employees who
are members of elected trade union bodies.
The author notes that the formation of elected
trade union bodies, control and audit commissions is
carried out from the bottom up through the nomination
and election of them directly at meetings, conferences,
congresses or direct delegations, according
to the norm for each trade union, with the right to
withdraw and replacement at the request of the relevant
body or organization delegating the candidacy.
Sometimes representatives of employers' organizations
do not recognize the right of employees to participate
in the management of enterprises of any form
of ownership through their representatives. If the
enterprise has several primary trade union organizations,
the representation of the collective interests of
employees of the enterprise in concluding a collective
agreement is carried out by a joint representative
body in the manner prescribed by part two of Article
12 of the Labor Code. At the same time, guarantees
must be taken into account for persons elected to the
above-mentioned elected bodies, whose powers are
regulated by Articles 247–251 of the Labor Code,
especially Article 252 of the Labor Code. Changing
the terms of the employment contract, wages, disciplinary
action against employees who are members
of elected trade union bodies is allowed only with the
prior consent of the elected trade union body of
which they are members (part two of Article 252.
Thus, when deciding to renew At the same time, the
body considering the labor dispute shall decide on
the payment of this employee's average earnings for
the period of forced absence or the difference in
earnings during the performance of lower-paid work,
but not more than for one year. through no fault of his own.
Key words: trade union organization, elected employee, labor relations, labor collective, labor legislation.