УМОВИ ТА ЧИННИКИ ДІЯЛЬНОСТІ НАЦІОНАЛЬНОЇ СЛУЖБИ ПОСЕРЕДНИЦТВА І ПРИМИРЕННЯ У ВИРІШЕННІ ТРУДОВИХ КОНФЛІКТІВ

Abstract

The conditions and factors of the National Mediation and Reconciliation service in resolving labor conflicts are taken into consideration, the main tasks of the National Mediation and Reconciliation service are determined, the state of social and labor relations and the causes of collective labor disputes (conflicts) in enterprises and organizations of the Zaporizhzhya region are analyzed, the improvement of the situation in the field of social and Labor Relations is suggested, the necessary steps to improve the National Mediation and Reconciliation service are provided. Social and labor interests may clash between an employee and an employer at any stage of an employment relationship, which leads to labor disputes. Therefore, during the difficult economic situation in Ukraine, the problem of resolving labor disputes that arise between the owner of an enterprise, institution, organization or an authorized body or individual, on the one hand, and a specific employee or labor collective, on the other hand, is urgent. Labor dispute (conflict) is the disagreement that have arisen between the parties to social and labor relations regarding the establishment of new or changes in existing socioeconomic conditions of work and industrial life, the conclusion or modification of a collective agreement, agreement, performance of a collective agreement, agreement or their individual provisions, failure to comply with the requirements of labor legislation. Unresolved labor conflicts lead to such negative consequences as loss of working time, deterioration of the quality of management decisions, decrease in motivation, etc. The National Mediation and Reconciliation service, to our mind, should: firstly, provide explanations and practical advice on issues that arise when determining the subject matter and parties to a collective labor dispute, forming requirements, and determining the moment when the dispute arises; secondly, actively inform about the norms of national legislation, regulations of the NSPP that require study and compliance by participants in collective labor disputes; thirdly, hold meetings of the Conciliation Commission and labor arbitration, involving an independent intermediary; fourthly, conduct educational work to promote legal knowledge; fifthly, interact more actively with trade unions at the national, regional and individual enterprise levels. All these measures should significantly improve the legal literacy of the parties to the conflict and change the level of relations in the legal field for the better. The first direction of improving the activities of the NSPP involves regular publication in the printed publication "Bulletin of the NSPP" and in electronic sources, primarily on the official website of the NSPP, changes in regulatory documents with comments from specialists (NSPP employees and independent lawyers) (8). The second direction focuses on more clear and quick activities of the NSPP regional offices in responding to official requests. On the official website of the NSPP, publicly publish all responses to official appeals to the regional offices of the NSPP. The third direction involves the involvement of specialists certified by the NSPP in labor arbitration. At the same time, significantly increase the requirements for the accreditation level of specialists, review the procedures for their certification in the direction of increasing the requirements. The fourth direction is holding seminars, conferences and round tables with the participation of NSPP specialists. The results of these meetings should be published in the official print and electronic publications of the NSPP. The fifth direction of improving the activities of the NSPP involves regular meetings of managers of regional branches of the NSPP with representatives of trade unions and giving managers of the NSPP at the regional level greater powers in matters of interaction with representatives of trade unions.