Collective labor disputes in Kyiv

Unlike individual disputes, the procedure for regulating which is provided in the Labor Code, collective labor disputes are not even mentioned in this regulatory act. For our state the institution of collective labor disputes is a fairly new phenomenon; however, there is one law that regulates such legal relations. In 1998 the Verkhovna Rada adopted the Law “On the Procedure for Resolving Collective Labor Disputes”.

According to this document, collective labor disputes are disagreements that have arisen between the two parties of social-labor relations. Conflicts between the employer and the workforce may arise for the following reasons:

Such labor disputes are considered somewhat differently than individual ones. First, the members of the collective must document their demands, attaching all the signatures of the protesting employees. Second, the various demands must be put forward by a representative of the collective.

Within 3 days the employer must respond to the collective’s complaint. The parties may also consider the issue in a conciliation commission, which includes representatives both from the collective and from the employer. If no decision is reached in this way either, the law provides the option to invite a mediator to resolve the disagreements or to consider the dispute in labor arbitration.

If all of the above measures do not lead to a resolution of the conflict, workers may organize a strike (with mandatory notification to the employer).

Resolution of collective labor disputes is a rather painstaking procedure that requires the mandatory involvement of a qualified lawyer. Our specialists are ready not only to help resolve contradictions between management and the collective, but, if necessary, to provide services such as representation in court, drafting procedural documents, participation in negotiations, and many others.