Individual labor disputes: certain issues of resolution

Abstract

The article is devoted to the actual issues of individual labor dispute resolution. In particular, the author draws attention to the fact that in connection with the armed aggression of the Russian Federation, quite a large number of workers found themselves in a situation of forced migration, and some enterprises remained in temporarily occupied territories or faced the problem of the impossibility of relocation, which causes problems in the normal development of labor relations between the employee and the employer.
 An analysis of the current labor legislation and the existing approaches in the legal literature regarding the procedure for resolving individual labor disputes was carried out.
 The author highlighted the following reasons for labor disputes, including reduction of the main staff, changes in existing working conditions, dissatisfaction of the employee with the existing level of remuneration and others, in particular, and the martial law, which caused a number of reasons that impact on the occurrence of labor disputes - suspension of labor relations, the relocation of enterprises from the occupied territories and the impossibility of ensuring the safety of workers, downtime. These obstacles cause the problems in the relationship between the employer and the employee, resulting in the employees being forced to defend their rights.
 Conclusions were made by the author that, to date, the labor legislation of Ukraine ensures the implementation of the right to protect the rights of employees in individual labor relations in the pre­trial (commissions on labor disputes and through mediation) and the judicial procedure. It should be noted that an attempt was made by the legislator to regulate labor relations during the legal regime of martial law by adopting the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law», but it did not define the issues related to the resolution of individual labor disputes, as well as the practice of its application provisions to date is ambiguous, which is confirmed by a number of court cases.