PROBLEM ISSUES OF SETTLEMENT OF COLLECTIVE LABOR DISPUTES BY LABOR ARBITRATION

Abstract

In this scientific work, the author analyzes a number of problematic aspects of the activity of labor arbitration, in particular, the definition of the concept of labor arbitration, the principles of activity, the creation of a permanent labor arbitration in Ukraine, the stages of conflict resolution by labor arbitration, namely: the creation of labor arbitration; consideration of a collective labor dispute; decision-making. It has been established that labor arbitrations are bodies for the settlement of collective labor disputes, characterized by special jurisdiction. At the same time, the jurisdiction of labor arbitrations seems to be differentiated in its essence. Consequently, labor arbitrations have the authority to resolve collective labor disputes arising from the implementation of a collective agreement, agreement or their individual provisions or non-compliance with the requirements of labor legislation. It is proved that collective labor disputes are one of the varieties of labor disputes that arise in the national legal order and are mediated by contradictions that arise between participants in labor relations. In accordance with the Law of Ukraine «On the procedure for resolving collective labor disputes (conflicts)», it is possible to settle a collective labor dispute by applying to labor arbitration. Taking into account the foreign experience of resolving collective labor disputes by applying to labor arbitration, as well as the national legislator's foresight of the functioning of labor arbitration as one of the possible institutions for resolving a collective labor dispute, the problem of the peculiarities of resolving a collective labor dispute by labor arbitration seems to us extremely relevant. The resolution of a collective labor dispute by labor arbitration is determined by a number of problematic aspects, on some of which we focused above, in particular, on the definition of the concept of labor arbitration, the principles of activity, the creation of a permanent labor arbitration in Ukraine, the stages of conflict resolution by labor arbitration, namely: creation of labor arbitration; the stage of consideration of a collective labor dispute; and at the decision-making stage.