Law of Ukraine
"On Social Dialogue in Ukraine"
Date of entry into force:
January 18, 2011
The Law determines the legal principles of organizing and the procedure for holding social dialogue in Ukraine with the purpose of developing and implementing the state social and economic policy, regulating labor, social and economic relations, and ensuring improvement of the living standard and the quality of life, as well as social stability in the society.
According to Article 1 of the Law, social dialogue is a process of determining standpoints and achieving rapprochement, attaining common ground and making accorded decisions by the parties of the social dialogue that represent the interests of employees, employers and the bodies of executive power and local self-government bodies, in the issues of creating and implementing the state social and economic policy, and regulating labor, social and economic relations.
Article 4 of the Law establishes that social dialogue is conducted on the national, industrial, territorial and local (enterprise, institution, organization) level on a trilateral or bilateral basis.
To participate in collective negotiations on conclusion of collective agreements, in trilateral or bilateral bodies and in international events, the membership of the trade union party and the employer party is determined based on the representativeness criteria.
According to Article 7 of the Law, evaluation of whether trade unions and their associations, or employer organizations and their associations satisfy the representativeness criteria is conducted:
- on the national and industrial level – by the National Service of Mediation and Reconciliation;
- on the territorial level – by appropriate departments of the National Service of Mediation and Reconciliation.
Article 8 of the Law envisages that social dialogue is conducted between the parties of social dialogue in the following forms:
- exchange of information;
- reconciliatory procedures;
- collective negotiations on conclusion of collective agreements.
According to Article 9 of the Law, the National Trilateral Socio-Economic Council and territorial trilateral socio-economic councils are created to conduct social dialogue on the national and territorial levels, consisting of equal numbers of representatives of the social dialogue parties on the appropriate level.
According to Article 11 of the Law, the National Trilateral Socio-Economic Council is a permanent body created by the President of Ukraine to conduct social dialogue.
To conduct social dialogue on the industrial level, industrial (inter-industrial) trilateral or bilateral socio-economic councils consisting of equal numbers of representatives of the social dialogue parties can be created on the industrial level.
Article 19 of the Law establishes that the implementation of the decisions made and agreements reached is controlled directly by the parties of the social dialogue.