ANALYSIS OF THE DRAFT LAW OF UKRAINE "ON COLLECTIVE LABOR DISPUTES" IN THE CONDITIONS OF EUROPEAN INTEGRATION CHANGES

Abstract

Article.Art. 12 of the Charter of Fundamental Rights of the EU stipulates that everyone has the right to freedom of peaceful assembly and freedom of association at all levels, and in Art. 28 declared the right to collective bargaining and collective action
In order to adapt domestic labor legislation to the standards of European labor law during the period of our country's accession to the European community, active reform of labor legislation has recently begun. On September 5, 2023, the draft Law of Ukraine "On the collective labor disputes" was published on the website of the National Mediation and Conciliation Service, which immediately found itself in the center of discussions and discussions of trade unions, employers, labor arbitrators, the scientific community and labor law specialists. Assessing the project as innovative and European integration, most researchers focused on the complexity of the implementation of individual provisions, the imperfection of the presentation of individual norms and shortcomings of the legal technique of outlining certain fundamental norms, which will further complicate enforcement.
The purpose of the article is to analyze the draft Law of Ukraine "On the collective labor disputes" and to identify positive changes and shortcomings of the draft law in the context of European integration changes in modern national legislation In general, the draft Law of Ukraine "On the collective labor disputes" meets the high requirements expected from its developers. The property became the final consolidation of the single concept of "collective labor disputes" in the title and in Art. 1 project; division of disputes according to European standards into disputes about rights and disputes about interests, which makes it possible to clearly distinguish both the subject of the dispute and the procedure for resolving; unambiguous consolidation of the norm on the mandatory nature of the decision of labor arbitration, maintaining average earnings for workers on strike with claims for repayment of arrears of wages. However, there are a number of significant and technical comments that need to be corrected, the analysis of which is proposed in the article.

Keywords: collective labor disputes, strike, trade union, labor arbitration, mediation.