COLLECTIVE AGREEMENTS AND CONTRACTS: CONCEPT, CONTENT, PROCEDURE FOR CONCLUSION AND SIGNIFICANCE FOR THE REGULATION OF LABOUR RELATIONS

Abstract

The article is devoted to a thorough analysis of the theoretical and legal nature of collective agreements and collective bargaining agreements as the main instruments for regulating labour relations in the system of social dialogue. The conceptual foundations of collective bargaining in the modern legal field of Ukraine are revealed, and the key features, functions and normative significance of collective agreements and contracts in the context of the realisation of workers’ labour rights and the coordination of interests with employers are identified. It is argued that a collective agreement is a form of local norm-setting that combines normative and contractual elements, while a collective agreement is programmatic and coordinating in nature and is formed at the sectoral, territorial or national level. Doctrinal approaches to the classification of collective agreements and contracts as sources of labour law are considered, taking into account the dual nature of their legal nature. The subject composition of the parties to collective agreements and contracts is examined, and the peculiarities of the legal personality of trade unions and employers’ organisations, as well as the participation of the state in tripartite negotiations in accordance with the principle of tripartism, are highlighted. Special attention is paid to the novelties of the Law of Ukraine “On Collective Agreements and Contracts” No. 2937-IX, which has not yet entered into force. The procedures for initiating, concluding, revising and terminating collective agreements and contracts are analysed, including the specific features of their duration, mechanisms for the accession of third parties and the principle of prolongation. The legal consequences of concluding such acts, their transformation into local regulatory provisions of employment contracts, as well as the conditions for extending their application to employees and employers who did not participate in their conclusion, are clarified. The system of control and legal responsibility of the parties for non-fulfilment of obligations has been revealed, including the role of the state and specialised bodies in ensuring the effectiveness of social dialogue.