МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНИЙ СПОСІБ ВРЕГУЛЮВАННЯ ТРУДОВИХ СПОРІВ

Abstract

The article is devoted to the study of mediation as a way of solving individual labor disputes. Mediation as an alternative out-of-court method of conflict resolution, which simultaneously serves as one of the ways to protect the labor rights of employees and employers, is still at the beginning of its development. The differences between the judicial process, the resolution of labor disputes in the commission on labor disputes and mediation are defined. Some advantages and disadvantages of the Law of Ukraine "On Mediation" are identified. It was found that the Law of Ukraine "On Mediation" explicitly states that the mediation procedure (dispute settlement with the participation of a mediator) excludes collective and is applicable only to individual labor disputes. It is noted that the principles enshrined in the Law of Ukraine "On Mediation" apply to all stages of mediation, and not only to the stage of preparation for mediation. The article also emphasizes that in the field of labor, labor disputes can also arise from these relations, which formally and legally do not belong to labor. Similar conflicts can also be resolved using the mediation procedure, but for this the Codex of Labor Laws of Ukraine must specify the subject of regulation. It is noted that it is possible to note the obvious benefits of mediation as a way of settling labor disagreements and disputes, but in the event that mediation will be marked in the laws as a mandatory stage in the resolution of individual labor disputes. Otherwise, the low role of mediators in the settlement of such disputes is guaranteed. It is proposed to legislate confirmation of mediation as a way of protecting the labor rights of employees and employers at the stage of concluding an individual employment contract by including in the content of the employment contract a clause on the possibility of resolving an individual dispute with the help of conciliation procedures, including in the form of mediation. It is proposed to add a provision to the Law of Ukraine "On Mediation", according to which the deadline for filing a lawsuit in court is suspended for the duration of the mediation procedure.