Іnternational standards for labor dispute resolution international standards for labor dispute resolution

The article analyzes a number of international standards on the regulation of the issue of resolving labor disputes between the employer and the employee. The emphasis is placed on the fact that the current Law of Ukraine «On the Procedure for Resolving Collective Labor Disputes (Conflicts)» dated March 3, 1998 does not fully provide for the proper resolution of issues related to labor disputes between the parties. The analysis highlighted the features of resolving labor disputes at the international level, such as: the possibility of resolving labor disputes out of court through conciliation procedures; the voluntariness of conciliation procedures; the development of rules and procedures for conducting peaceful negotiations, during which the possibility of employees to avoid strikes and lockouts is encouraged; the possibility of concluding collective agreements, contracts as a result of negotiations, in which their results are fixed; the protection of employees from any discrimination during the negotiations, including due to non-membership in a trade union organization; free of charge and promptness in the conduct of the collective bargaining procedure; the possibility of considering a labor conflict by arbitration, if negotiations are unsuccessful; the obligation of the enterprise administration to create appropriate conditions for negotiations, to conduct mutual consultations and to ensure that during participation in negotiations the employee and all interested parties do not lose their due earnings; exchange of information between the parties during negotiations with the latter’s confidentiality being ensured; application of international standards and procedures in the process of resolving labor disputes, taking into account the peculiarities of national legislation. As a conclusion, a proposal is made to establish at the legislative level the obligation to conduct conciliation procedures for the settlement of labor disputes between an employer and an employee immediately before taking them to court with the participation of an independent legal specialist, namely a mediator, which will allow the parties to better analyze the essence of the labor dispute and predict the outcome of its resolution in the event of an appeal to court.