Year: 2024
Type: article
Abstract: The article proposes a characterisation of the system of social dialogue acts in Ukraine, which are intended to facilitate collective bargaining regulation of labour relations through the involvement of parties to the social dialogue legal relations. It is noted that the primary objective of social dialogue acts is to balance the interests of the parties involved. Examples of the social significance of achieving these objectives are provided. It is emphasised that balancing the interests of employees and employers makes it possible to ensure high standards in the realisation of collective labour rights and contributes to achieving social harmony in society as a whole. The concept of social dialogue acts and their legal characteristics have been clarified. It is highlighted that these acts are characterised by specific adoption procedures, a particular structure, as well as distinct modes of operation and implementation. It is argued that social dialogue acts may be concluded either on the basis of a direct statutory provision or independently at the initiative of the parties to such dialogue, with the aim of regulating relations that are either not covered by legislation or, in the opinion of the parties to the social dialogue, require additional regulation. The article analyses social dialogue acts for which legislation establishes a clear procedure for their conclusion, as well as those for which the legislator delegates the determination of the procedure for their conclusion and implementation to the parties themselves. The results of such joint activities of the parties are reflected in the form of memoranda, resolutions, and joint statements. Examples are provided of social dialogue acts that can be concluded to establish additional benefits or guarantees for employees within the competence of the parties. The system of social dialogue acts has been defined as follows: 1) collective agreements and contracts, which are concluded in accordance with the Laws of Ukraine «On Collective Agreements and Contracts» and «On Social Dialogue in Ukraine»; 2) agreements aimed at resolving specific issues of social dialogue or aligning positions between the parties, such as a protocol on holding consultations between the parties; 3) local normative-legal acts, which are concluded by agreement between the parties of social dialogue, or at the proposal of the social dialogue parties, such as regulations on remuneration; 4) acts of social dialogue bodies, including proposals, conclusions, and recommendations of national or territorial tripartite socio-economic councils.
Authors: I. M. Lasko, P. D. Pylypenko
Institution: Lviv University
Language: English
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404506898