Extraction from the letter of the Ministry of Labour and social policy of Ukraine from 03.10.05 of No. 7825/0/14-05/015-15 concerning obligation of the conclusion of the collective agreement and responsibility for absence of the collective agreement is printed.
The letter of the Ministry of Labour and social policy of Ukraine from 03.10.05 of No. 7825/0/14-05/015-15
(Extraction)
I. Concerning obligation of the conclusion of the collective agreement
Legal bases of development, the conclusion and ispolyoneniye of collective agreements are defined by Ukyoraina’s Law About collective agreements and agreements. The specified Law doesn’t provide norm otnosiyotelno obligation of the conclusion of collective agreements, according to article 2 of this Law the collective agreement consists on predpriyoyatiya, in establishments, the organizations irrespective of forms of ownership and the managing, exercising wage labor and having the right of the legal entity.
It is necessary to note, as the international norms, in particular the International labor organization convention No. 98 About application of principles of the right to an orgayonizatsiya and [on] conducting collective bargainings (article 4), the ratified Ukraine, and Rekomenyodatsiyey the SPENDTHRIFT No. 91 [rather collective dogoyovor from 06.06.51] (the section II, item 2), the conclusion of the collective agreement on the dobrovolyyony beginnings is provided.
As to norm about obligation of the conclusion of the collective agreement, containing in Hozyaystvenyon the code of Ukraine, according to the article 4 Code doesn’t regulate labor relations. The Hozyayyostvenny code defines the basic principles of a hoyozyaystvovaniye in Ukraine and (article 1) regulates the economic relations arising in the course of the organization and implementation of economic activity between subjects of managing, and also between these subjects and other participants of the relations in sfere managing.
Besides, according to article 8′ the Code zakonov about work in case the international treaty or the international agreement in which prinimaet participation Ukraine, other rules, nezheli containing in the legislation of Ukraine on work are established, applies rules of the international treaty or the international agreement.
II. Concerning responsibility for absence of the collective agreement at the enterprise
In the current legislation there is no the norm providing responsibility for absence of the collective agreement.
At the same time article 17 of the Law of Ukraine About kollekyotivny contracts and agreements provided an otyovetstvennost for evasion from participation in peregoyovor. So, on the persons representing owners either bodies authorized by them or trade unions or other representatives by labor collective organy and evading from participation in negotiations on a zakyolyucheniye, change or addition of the collective agreement either deliberately broken term, or not ensured functioning of the relevant commission in the terms defined by the parties, the penalty to ten not taxable minimumov the income of citizens is imposed [in a chastyonost,]. The same responsibility opredelena also in article 411 of the Code about administrayotivny offenses. That is the legislation provides the rights of the parties, in particular profsoyuzov and owners, on negotiating and a zakyolyucheniye of collective agreements and agreements.
Deputy minister V. aunty’s