The application of mechanisms of social dialogue in alternative methods of resolving labour disputes

The article defines the legal characteristics of alternative methods of resolving labour disputes, considering their role within the mechanism of social dialogue as a guarantee of interaction and mutual understanding between the parties involved. It highlights the trend in the development of modern labour legislation towards increasing the significance of social dialogue mechanisms in resolving both individual and collective labour disputes, as well as fostering greater involvement of social dialogue participants in the resolution of these disputes. It emphasises that conciliation and mediation procedures should be applied under current conditions in resolving both rights-based and interest-based labour disputes. A critical analysis is presented of the legislative limitation that confines conciliation procedures solely to the development of draft regulatory acts. Alternative methods of resolving labour disputes are considered as a form of conciliation procedure. It is emphasised that alternative methods of resolving labour disputes offer the possibility for the parties to the dispute to independently resolve their disagreements through a joint decision or to involve an impartial third party, jointly authorising them to develop an acceptable resolution that both sides will recognise as binding. The author identifies the following alternative methods for resolving labour disputes: direct negotiations, conciliation through settlement procedures, mediation, and arbitration procedures. It is highlighted that appointing a labour dispute commission at a general meeting or conference of employees contradicts the principles of social dialogue established in Article 3 of the relevant Law of Ukraine. It is proposed that such a body be formed on the basis of social dialogue, comprising representatives of both employees and the employer. Functionally, the labour dispute commission should operate as a permanent conciliation body rather than a jurisdictional one. It is suggested to regulate the use of mediation for resolving labour disputes at the local level within a collective or employment agreement. Arguments are presented that mediation is a subtype of one form of social dialogue—namely, conciliation procedures—since it aims to reconcile the parties to a dispute and to find a mutually acceptable solution. Mediation can be used not only for resolving labour disputes but also during negotiations for the conclusion of collective agreements, particularly to address disagreements that may arise during the preparation of draft versions of such agreements.