The legal meaning of the concept of social dialogue

Abstract

The article deals with the theoretical legal and legislative characteristics of the concept of social dialogue from the point of view of their compliance with modern trends in the development of labour law doctrine. The legal content of the concept of social dialogue is determined through the essence of the concept of “dialogue” as a type of collective contractual relations in the social area regarding the resolution of labour and related social and economic issues between legally defined subjects, the list of which is expanding in modern conditions. The sociality criteria of dialogue are substantiated. The subject of the issues that can be considered between the parties of the social dialogue is determined. It is stated that environmental problems can be the subject of discussion in the field of social dialogue, if they relate to ensuring a person’s right to work. The article investigates and supports the norms of the draft Law of Ukraine “On Collective and Bargaining Agreements”, which provide for the expansion of the subject structure of social dialogue relations in cases defined by legislation due to the possibility of involving newly created non-representative representatives of employees and employers, as well as public associations, the aim (goals) and areas of statutory activity of which comply with the subject of consultations within the framework of social dialogue. The involvement of civil society organizations in social dialogue is emphasized to be require a clear legislative definition of their legal status. The author supports the thesis that organizational and legal forms of social dialogue are information exchanges, consultations, collective bargaining, conciliation and arbitration procedures and mediation. Relevant changes to the legislation are proposed. Scientific discussions regarding the relationship between the concepts of “social dialogue” and “social partnership” are critically analyzed. It is substantiated that social dialogue is only one form of social partnerships between representatives of the state, employers (business) and employees. Public and private partnership as a reflection of social responsibility and corporate social responsibility are other forms of such interaction. The paper proposes to develop a national strategy of social partnership, where different forms and areas of interaction of stakeholders are foreseen.