Normative and legal regulation of social dialogue in the field of work

Abstract

The article is devoted to issues of normative and legal regulation of social dialogue in the sphere of labor in Ukraine. Since the formation of a market economy and a civilized transition to the market are impossible without the functioning of an effective system of social dialogue. It is the social dialogue that should act as a way of civilized coordination of the interests of different groups when resolving the contradictions that arise and preventing conflicts in the socio-economic and labor spheres. Its effective development is one of the conditions for the European integration of Ukraine. Having analyzed the current legislation on labor, on collective contracts and agreements, special legal literature on social dialogue, a conclusion was made about the imperfection of the regulatory and legal regulation of social dialogue, which reduces the effectiveness and efficiency of social dialogue in the field of labor. For example, in the Law of Ukraine “On Social Dialogue in Ukraine” the definition of social dialogue is imperfect, the list of social dialogue bodies and the list of organizational and legal forms of social dialogue in the sphere of labor is incomplete, the place and legal status of social dialogue bodies in the sphere of labor also needs to be properly defined , who are participants in such relations, etc. The current Code of Labor Laws of Ukraine, draft Labor Codes do not contain special norms on social dialogue in the field of labor. Taking into account the legislative experience of foreign countries, the positions of domestic scientists, it is proposed to supplement the Code of Labor Laws of Ukraine, the draft Labor Code of Ukraine with a separate chapter “Social dialogue in the sphere of labor”, in which norms on the main provisions on social dialogue in the sphere of labor, including a list of institutional principles of social dialogue in the field of work with definition of their concept and content. At the same time, positive points in this direction were noted, in particular, the adoption of the Law of Ukraine “On Collective Agreements and Contracts” and the creation of a working group to develop a draft law on collective labor disputes. Since the question of improving the legislation of Ukraine on social dialogue and collective labor disputes and its adaptation to the legislation of the European Union is more timely than ever.