Application of procedural standards when considering and resolving labor disputes

The article is devoted to the study of the procedural aspects of consideration and resolution of labor disputes, the peculiarities of the application of labor law norms in the conditions of martial law based on the analysis of the content of new laws, laws on amendments. With the introduction of martial law, restrictions on the constitutional rights and freedoms of a person and a citizen, provided for in Articles 43, 44 of the Constitution of Ukraine, were introduced for the entire period of its validity, which affected the consideration of all labor disputes. The article analyzes the innovations established by the Law of Ukraine «On the Organization of Labor Relations in Martial Law» regarding the regulation of labor relations, and also draws attention to the inconsistency of some norms of this law and the cur Statistical data on the number of violations of labor legislation on labor issues were studied, examples of judicial practice during the period of martial law were analyzed. Attention is focused on the ambiguous position of the Civil Court of Cassation of the Supreme Court regarding the termination of the calculation of the average salary for employees called up for military service, accepted for service under a contract, etc. It was established that the ambiguity calls into question the implementation of the constitutional principle of equality in one’s rights, as well as the principle of equality of labor rights of citizens of Ukraine, prevention of discrimination in the field of work. It is proposed to regulate at the legislative level the issue of maintaining the average salary for employees called up for military service, hired for service under a contract, etc. In order to properly consider and resolve a specific labor dispute, it is necessary to know well not only the general norms laid down in the Civil Procedure Code of Ukraine, but also the special procedural norms contained in the Labor Code of Ukraine and other material laws, which establish exceptions and additions to the procedure of court proceedings. In each specific case, it is necessary to find out all the circumstances, take into account the conclusions of the Supreme Court in order to make a decision on the legality or illegality of the demands of the subject of the protection of labor rights.