The concept and legal nature of the collective agreement

The article examines the legal nature of the collective agreement as the main instrument of collective– contractual regulation of labor relations within the framework of social dialogue. It is determined that, at the local level, the collective agreement ensures the reconciliation of interests between the employer and employees, defines the conditions of work, remuneration, working time and rest, as well as socio-economic guarantees. It has been established that, for a long time, Ukrainian legislation did not contain a statutory definition of the collective agreement, which led to a variety of scholarly approaches to its interpretation and uncertainty in law enforcement practice. The paper analyzes academic conclusions regarding the concept of the collective agreement, as well as the provisions of the Law of Ukraine “On Collective Agreements and Accords” and the new Law of Ukraine “On Collective Accords and Agreements” (which has not yet entered into force), in which, for the first time, an official definition of the collective agreement is enshrined as a written normative document concluded with the purpose of regulating production, labor, and socio-economic relations between the employer and employees or their representatives. The changes introduced in the new Law and their possible impact on the development of social dialogue and the improvement of the effectiveness of contractual regulation are considered. In addition, a comparative analysis of the national regulation with the international standards of the International Labour Organization is carried out, which enshrine the principles of freedom of association and the right to collective bargaining, as well as set guidelines for proper contractual practice. Based on the results of the study, it is proposed to amend Article 2 of the Law of Ukraine “On Collective Accords and Agreements” to provide that a collective agreement is a written normative document of a local nature, concluded in accordance with the procedure established by law between the employer and employees (their representatives) within a specific enterprise, institution, or organization, with the aim of regulating production, labor, and socio-economic relations and establishing guarantees that exceed the minimum standards set by legislation.