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LAW OF UKRAINE

of February 23, 2023 No. 2937-IX

About collective agreements and agreements

This Law determines legal and organizational basis of collective and contractual regulation of the employment, social and economic relationships, approvals of interests of the parties of social dialogue.

Section I. General provisions

Article 1. Legislation on collective and contractual regulation of the employment, social and economic relationships

1. The legislation on collective and contractual regulation of the employment, social and economic relationships is based on the Constitution of Ukraine and consists of the laws of Ukraine "About social dialogue in Ukraine", "About labor unions, their rights and guarantees of activities", "About the organizations of employers, their consolidation, the rights and guarantees of their activities", "About the Cabinet of Ministers of Ukraine", "About the central executive bodies", "About procedure for permission of collective employment disputes (conflicts)", legislations on work, this Law and other regulatory legal acts.

2. If the international treaty of Ukraine which became effective in accordance with the established procedure establishes other rules, than those that are stipulated by the legislation Ukraine on collective and contractual regulation of the employment, social and economic relationships, rules of the international treaty are applied, except cases when legal acts of Ukraine, by collective agreements and agreements for workers establish more favorable conditions or higher level of protection of their rights.

Article 2. Determination of terms

1. In this law terms are used in the following value:

the industry agreement of limited action - the written regulating document concluded according to this Law in industries in which there are no representative subjects of the parties (party) of industry level, for the purpose of regulation of the employment, social and economic relationships at the industry level;

the collective agreement (general, industry (cross-industry), industry limited action, territorial, territorial in separate industry) - the written regulating document concluded according to this Law for the purpose of regulation of the employment, social and economic relationships at the national, industry, territorial levels;

the collective agreement - the written regulating document signed according to this Law for the purpose of regulation of the production, employment, social and economic relationships between the employer and workers, their representatives

the worker-physical person which within employment relationships directly own work performs paid work in interests (in advantage) other person (employer);

employer - legal entity or physical person which within employment relationships uses wage labor to which jurisdiction of Ukraine or foreign state, and also the representation of the foreign legal entity registered in Ukraine extends.

2. The terms "social dialogue", "the parties of social dialogue", "level of social dialogue", "representativeness" are used in this law in the values given by the Law of Ukraine "About social dialogue in Ukraine".

Article 3. Basic principles of collective and contractual regulation

1. The basic principles of conducting collective bargainings are:

legality and supremacy of law;

independence, equality, representativeness of the parties of collective bargainings;

freedom and voluntariness of negotiations, adoption of real obligations;

obligation of consideration of offers of the parties of collective bargainings;

mutual respect and search of compromise solutions;

constructibility and interaction;

priority of the approving procedures;

obligation of observance of the reached agreements;

responsibility for accomplishment of the undertaken obligations;

discrimination non-admission.

Article 4. Types of collective agreements and agreements

1. Collective agreements can be signed at the following levels of social dialogue:

at the national level - the general agreement;

at the industry level - industry (cross-industry) agreements;

at the territorial level - territorial agreements.

In industries in which there are no representative subjects of the parties (party) of industry level industry agreements of limited action can be signed.

In industries in which solutions of local executive bodies or local government bodies regulate payment and other working conditions at the territorial level territorial agreements in separate industry can be signed.

Features of subject structure of the parties and coverage of free standing agreements of industry and territorial levels are determined by this Law.

2. The collective agreement is signed at the local level (at the company, in organization, the organization, with the physical person using wage labor).

The collective agreement can be signed in separate divisions of the company within competence of these divisions and certain powers of subjects of its parties.

Article 5. Coverage of collective agreements and agreements

1. Provisions of the collective agreement are effective directly and are obligatory for:

subjects of agreement parties;

the employer and workers, if the employer is in the field of action of the subject of the party of employers of the agreement through the corresponding membership or treats the sphere of management of the subject of the party of executive bodies, local government bodies of the agreement.

In the collective agreement the list of subjects of agreement parties is specified. By agreement of the parties in the collective agreement the list of the employers who are in the field of action of subjects of agreement parties can be determined.

Provisions of the General agreement are obligatory for observance in other collective agreements and agreements.

2. If for the employer and workers who are in employment relationships with this employer conditions of several industry (cross-industry) agreements are obligatory, provisions of the agreement signed with participation of the central executive bodies and exclusively representative subjects of the parties of social dialogue are applied. Provisions of other industry (cross-industry) agreement at the same time are applied in the part providing higher level of guarantees and privileges for workers in comparison with such agreement.

If for the employer and workers who are in employment relationships with this employer conditions of the industry (cross-industry) agreement and the territorial agreement are obligatory, provisions of the industry (cross-industry) agreement are applied. Provisions of the territorial agreement at the same time are applied in the part providing higher level of guarantees and privileges for workers in comparison with the industry (cross-industry) agreement.

3. If the employer is not in the field of action of the subject of the relevant party of the collective agreement, but it and workers who are in employment relationships with this employer expressed desire to apply its provisions, the decision on application of provisions of the Agreement is made by them together within their powers determined by the legislation (the state, utility companies, organizations, the organizations - with the consent of body to which management sphere they belong or to which are subordinated, accountable and under control), and drawn up according to the legislation (the collective agreement or the order (order) of the employer).

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