Labor disputes – is outstanding because of direct negotiations disagreements between the employee (staff employees) and the employer about the application of labor legislation and the establishment of new or changing existing conditions.
Inception of an individual labor dispute is to contact an application to the appropriate authority considers labor disputes.
Collective labor dispute (conflict) arises from the moment the authorized representative body of employees, categories of employees, group of employees or unions received from the owner or his authorized body reporting full or partial refusal to meet collective requirements and decided to disagreement with the decision of the owner or authorized body (representative), or when the processing time requirements stipulated by law, ended, and a response from the owner had been received (Art. 6 of the Law of Ukraine “Pr settlement of collective labor disputes (conflicts) “).
Classify labor disputes could on the subject, content, nature and order of consideration (jurisdiction).
For subjects distinguished: individual and collective labor disputes.
If an individual labor dispute is an employee and employer, the subjects of collective labor disputes are:
- at the production level – employees (certain categories of employees) enterprises, institutions, organizations or their branches or trade union and other authorized employees and organization business owner or authorized representative or body;
- at sectoral and territorial levels – employees of enterprises, institutions, organizations, one or more sectors (occupations) or administrative units or unions, their associations or other competent authorities of these employees and owners, associations of owners or their authorized bodies or representatives;
- at the national level – the employees of one or more sectors (occupations) or trade unions or their associations or other bodies authorized employees and owners, associations of owners or their authorized bodies (representatives) in most administrative units of Ukraine.
Individual labor disputes concerning the application of current labor legislation resolved in the manner prescribed by Art. 15 Labor “Individual labor disputes.”
On the basis of jurisdiction, there are three types of procedure for the consideration of individual labor disputes:
The general procedure under which the labor dispute has consistently considered in the Commission on labor disputes (CCC) and the Court (Art. 221 of the Labor Code). Consideration of some disputes can result in the commission, unless the parties appeal against its decision and the dispute will be transferred to the court. In other cases, each party has the right to go to court because of disagreement with the decision of the CCC. It must be remembered that the Constitution of Ukraine has provided the right of every citizen to go to court to protect the right violated. Therefore, the employee has the option body where it can seek protection of labor rights violated: the labor disputes commission or in court.
The court order under which labor dispute directly examined only by the court (art. 55, 124 of the Constitution, Art. 232 of the Labor Code).
Special arrangements providing for consideration of labor disputes features of certain categories of workers (judges, prosecutors and investigators workers and employees of educational, scientific and other institutions prosecution having class ranks) (Art. 222 of the Labor Code).
According to Art. 2 of the Law of Ukraine “On the procedure for settling collective labor disputes (conflicts)” collective labor dispute (conflict) – a disagreement that arose between the parties to industrial relations, on:
- establish new or modify existing socio-economic conditions and working life;
- conclusion or amendment of a collective agreement;
- implementation of a collective agreement or individual provisions thereof;
- non-compliance with labor legislation. Collective labor disputes are resolved through conciliation, covering its consideration conciliation commission and (or) labor arbitration. In conciliation open to independent intermediaries and the National Mediation and Conciliation Service. Where conciliation does not lead to solving the collective labor dispute, employees may resort to strike.
Within the framework of labor law, our lawyers represent interests in court in such cases:
- Disputes about the recovery of wages and other benefits (severance, vacation, piece);
- disputes for reinstatement;
- disputes over compensation for moral and material damage.
Our lawyers can act as trials on the side of the employee and the employer side.
Hourly pay for the actual time spent (500 USD. / Time attorney or 200 USD. / Hour of a lawyer).
The fixed price for a specific set of services / project (10 000.00.).
Fixed monthly subscription fee (from 2 000.00.).