Individual and collective labor disputes
Depending on the type of legal Ukrainian experts on labor law, labor disputes divided into two groups - individual and collective, which is important for establishing the appropriate process for consideration of certain jurisdictional bodies considering the matter in dispute. Thus, the procedure for resolving individual employment disputes provides an opportunity to consider such specific areas for labor relations authority, the commission of a labor dispute exists, along with the general litigation case the production and in the manner of the complaint.
Law of Ukraine \u0026quot;On the procedure for settling collective labor disputes (conflicts)\u0026quot; separately installed a special procedure for dealing with disputes arising between the parties, social and labor (collective) relations. This legislation provides for the conciliation-treteiskoy procedures and systems of organizational structures with adequate competence on the harmonization of the interests of the conflicting parties. The functioning of such entities as the conciliation commission, labor arbitration, the involvement of an independent mediator, the National Mediation and Conciliation Service, as well as the possibility of a strike as a last resort, the dispute settlement procedure creates a specific security and protection of individual spheres of social relationships, what is the legal relationship in the scope of work .
Ukraine traditionally formed and regulations laid down legal procedure for settling individual labor disputes in civil proceedings. Art. 1 of the Civil Procedure Code provides that a law on civil proceedings, establishes the procedure for cases of disputes arising from civil, family, labor relations and the collective farms, cases arising from administrative legal relations and special proceedings cases. Along with this, given the specifics of the latter, the legislator in the same article noted that there were a few exceptions established by this Code and other laws of Ukraine in the general rules. To solve the labor disputes often needed Lawyer cues lyane inclined to believe the results of the interviews.
It is worth remembering that the national theory of law defines the fundamental differences between the subject and method of legal regulation of labor standards and civil rights for a number of features.
First, it should be noted that the subject of a legal impact of procedural rules in implementing the ability to work is precisely the order of implementation and enforcement of labor rights and interests of citizens having the status of an employee with his relevant characteristics (social orientation regulations). Accordingly, this set of relationships is allocated such features as the purpose of their occurrence and the expected result from their installation.
Secondly, these constituent elements of labor relations, as part of employment contract, have the appropriate personality characteristics that determine their behavior, highlighting the specificity of the method of labor law.
Features of labor relations and determine the specific procedures for handling labor disputes, are very different working process within the conventional civil process. However, as stated in Art. 3 Code of Civil Procedure of Ukraine, civil proceedings in courts of Ukraine are the Civil Procedure Law of Ukraine, which operate at the time of the proceedings, the commission of certain procedural actions or execution of court decisions.
Turning to specific provisions of national civil and civil procedural rules, we can note that they also recognize and legislate on the particular regulation of labor relations, in particular in the process of resolving labor disputes. However, individual components of the handling of labor disputes still require regulatory settlement. Thus, Art. 24 CPC of Ukraine said that the courts under the jurisdiction of the case of disputes arising from civil, labor and cooperative relationship, if at least one of the parties to the dispute is a citizen, and other cases, ascribed to their competence.
A citizen also has the right to appeal in court against the decision, action or inaction of state bodies, legal persons or officials in the exercise of management activities, if violated rights of the citizen, including those that arise in the course of employment. However, production in such a manner does not take into account the specifics of the nature of labor relations, which leads to a violation of the principles regarding the equality of workers employed in the management field. The answer may be carried out primarily at the conceptual level on the incidence of labor law.
In general, it should be noted that extending the jurisdiction of ordinary courts in all kinds of social relations can greatly complicate the work of the courts - including the increase in total cases and the need to take into account the peculiarities of labor disputes.