ЩОДО ЗАПОБІГАННЯ ІНДИВІДУАЛЬНИМ ТРУДОВИМ СПОРАМ

Abstract

The paper analyses the peculiarities of prevention of labor disputes through the implementation of grievance procedures at the enterprise level. The existing mechanisms for resolving individual labor disputes in Ukraine cannot be called fully effective, which is primarily due to the lack of balanced legislative regulation of this issue. In addition, the result of the resolution of an individual labor dispute does not always lead to the satisfaction of the interests of both sides of the employment relationship – the employee and the employer. In this regard, an important place in the current labor law belongs to the procedures for preventing labor disputes. These procedures are generally implemented at the local level, through the prism of consideration by the employer of the grievances of employees related to the existing conflict situations in the working environment. National legislation does not contain any requirements for employers to deal with employee grievances. Such procedures can be part of the employer's internal labor rules and regulations, or be developed in the form of a separate local normative act of the employer. The grievance procedures are not uniform and primarily depend on the organizational structure and economic capabilities of a particular employer. But in any case, such procedures must: be developed and approved with the active participation of trade unions or other employee representatives; set quick deadlines for implementation and avoid unnecessary formalism; contain effective measures to ensure the safety of confidential information; be simple in content; ensure that employees are informed of all steps and measures taken as part of the grievance procedure; ensure the right of employees to be accompanied by trade union representatives or other employees at all stages of consideration of complains; ensure the principle of equal rights and opportunities for men and women. The adoption of the grievance procedures at the enterprise enables employees and employers to independently resolve individual conflicts that arise in the field of work and may subsequently result in labor disputes. A properly functioning procedure for handling employee claims will not only help prevent labor disputes, but will also allow prediction and elimination of their occurrence in the future. In addition, the existence of such a procedure, which is also aim at resolving conflict situations directly between employees, will have its overall positive effect, strengthening among employees a sense of fairness, coherence of interests and trust in the employer.