ПРО КОНЦЕПЦІЮ ТРУДОВОГО КОЛЕКТИВУ В СУЧАСНИХ УМОВАХ

Abstract

The article examines the theoretical and legal problems of determining the legal status of the labour collective as a subject of Labour Law and a party to collective labour relations. The concept of collective labour relations, which stem from the 80s of the last century, is analyzed. The ideological and substantive problems of the Law "On Labour Collective and Increasing Their Role in the Management of Enterprises, Institutions, and Organizations" are cited. The problems of the legal status regulation of the labour collective in the Code of Labour Laws of Ukraine are being followed. Gaps regarding the consolidation of the concept of "labour collective" as a party to collective labour relations and collective labour disputes in the Laws of Ukraine "On collective contracts and agreements", "On collective agreements and contracts" and "On the procedure for resolving collective labour disputes (conflicts)" are indicated. Scientific opinions are criticized, the latter argue for the need to completely abandon the labour collective concept as an "ideological relic of the past" and deny the existence of such a subject to Labour Law. Attention is focused on the doctrinal position that the labour collective is the primary entity that unites employees at the local level of the enterprise, institution, and organization and in relations with a physical person – employer, which initiates the formation of other bodies authorized to represent employees. Emphasis is placed on the importance of the role of the labour collective in ensuring industrial democracy at the enterprise, institution, and organization and in relations with a physical person – employer. The special status of the labour collective as a party to the social dialogue is indicated. The need to intensify the modernization of labour legislation in terms of the legal status regulation of the labour collective is proven. The point of view regarding the expediency of replacing the concept of "labour collective" with "employee collective" is supported, which in terms of content and mental perception fully corresponds to current trends.