Administrative responsibility for violation or non-fulfillment of the collective agreement, consent

Abstract

Human rights in Ukraine belong to the highest social values, which is directly stipulated by the Constitution of Ukraine. In turn, the collective agreement is the result of social partnership at the local level and represents an agreement concluded between the owner or an authorized body (person) and one or more trade union or other bodies authorized to represent the labor collective, and in the absence of such bodies – representative’s workers, elected and authorized by the labor collective. The inviolability of the collective agreement serves as a guarantee for the protection of the rights of the participants in labor relations. The special vulnerability of labor rights of citizens is associated with such negative factors as forced labor in temporarily occupied territories; mobilization of enterprise employees; destruction and rendering of workplaces unusable due to hostilities; emigration of workers; deterioration of safety working conditions; increase in unemployment; inflation and many other circumstances. In this aspect, administrative responsibility for violation or non-fulfillment of a collective agreement, an agreement provided for in Article 41-2 of the Code of Ukraine on Administrative Offenses, should act as an effective tool for the restoration and protection of violated rights. However, the practical implementation of measures of administrative responsibility in such cases has a number of features revealed in the above study. We have identified the following as such features: a) certain discrepancies in the regulatory and legal consolidation of the composition of this administrative offense; b) inaccuracies in the composition of the leading subjects regarding the drawing up of a protocol on an administrative offense in such proceedings; c) maximum limits of fines provided for in cases of administrative offenses for violation or non-fulfillment of a collective agreement. The key normative legal act regarding the violation or non-fulfillment of obligations of a collective agreement, consent is the Code of Ukraine on Administrative Offenses, a reference to the provisions of the labor legislation, which emphasizes the complex nature of the labor law of Ukraine.