On the issue of resolving labor disputes in court

Abstract

The article, based on the analysis of scientific views of scientists and current legislation of Ukraine, considers the current state of legal regulation of labor disputes in court, as there are many issues related to determining the jurisdiction of the court in such disputes. Because the current state of legal regulation of the procedure for consideration and resolution of labor disputes in court does not fully meet the requirements of real protection of participants in labor relations, and especially the employee. Therefore, effective legal mechanisms are needed for labor disputes to be resolved by a competent jurisdiction in strict accordance with the law, based on the established facts of the case. Attention is drawn to the importance of the Supreme Court’s legal position in resolving labor disputes, as the current Labor Code of Ukraine, as well as the state of all labor legislation in Ukraine, is outdated, not fully consistent with modern and dynamic labor relations. Due to the legal positions of the Supreme Court, gaps in labor law are filled, a single national case law is formed, as it is important to protect both sides of labor relations - employer and employee, to maintain an equal balance of protection of their interests in a market economy. It was noted that issues related to the resolution of labor disputes related to the determination of court jurisdiction could have been avoided if the current labor legislation of Ukraine was not deprived of a special rule that would regulate issues of judicial jurisdiction. Therefore, the new Labor Code of Ukraine should take into account the case law of the European Court of Human Rights and specialized (labor) courts of the European Union to regulate the issue of judicial jurisdiction, providing a legal norm that would establish clear criteria for determining and delimiting judicial jurisdiction. protection of labor rights.