Правова природа категорії «представництво» в трудовому праві України

The article presents a comprehensive analysis of doctrinal approaches to understanding the term «representation» as a general legal phenomenon and a specific institution within the labor law of Ukraine. The evolution of the definition of the category of «representation» in legal literature is revealed, particularly through the interpretation of leading domestic and international dictionaries, as well as legislative acts. Based on a comparative analysis of legal and doctrinal definitions, the article proposes a definition of the term «representation» in labor law as a legal relationship that arises in the process of acquiring, implementing, changing, or terminating rights and obligations, as well as protecting rights and interests by one party on behalf of and in the interests of another party in the field of labor law, under the grounds determined by current legislation and constituent documents. The article investigates approaches to defining the subjects of representation, focusing on their specific composition in labor relations. It considers doctrinal approaches to the tripartite nature of representation relations in labor law, which include the represented person, the representative, and the third party, while distinguishing between the categories of primary and secondary subjects. Particular attention is paid to the characteristics that distinguish representation in labor law from similar institutions in civil law. These distinctions include the possibility of representing a collective of employees as a separate subject of labor relations and the performance of representative functions without the prior consent of individual employees in cases specified by law. A comparative analysis of Ukrainian legislation and international experience in regulating the institution of representation is conducted, with a focus on the example of the Republic of Poland. The analysis identifies certain restrictions in Ukrainian legislation for foreigners and stateless persons regarding the creation of trade unions, which are uncommon in the regulation of representation in other countries. The article also examines the role of trade unions in implementing representation functions, particularly their powers to conclude collective agreements, participate in enterprise management, and protect the labor rights of employees. It emphasizes the wide range of tools available to trade unions to influence decision-making in labor relations. In conclusion, the article substantiates the need to improve national legislation regulating the institution of representation in labor law, particularly by harmonizing it with European standards.