- •6.030601. – Management of Foreign Economic Activities
- •Навчально-методичний посібник
- •6.030601.A – Менеджмент зовнішньоекономічної діяльності
- •Table of contents
- •Module 1. General part
- •Module 2. Special part
- •Individual assignments for independent work
- •Introduction
- •II. Thematic plan of the course
- •The course syllabus Module і. General Part
- •Module іі. Special Part
- •Tasks for self preparation:
- •Method of legal control of labour law is (are):
- •Source(s) of labour law is (are):
- •Function(s) of labour law is (are):
- •Literature
- •Theme 2. Labour legal relations. Subjects of labour law and theirs legal status
- •Tasks for self preparation:
- •The subject of labour law is (are):
- •Content of labour legal relation includes:
- •General citizen’s labour legal capacity becomes:
- •Literatre:
- •Theme 3. International legal regulation of labour relations. Legal regulation of labour relations in the states of Western Europe and in the usa
- •What directions of entering of international legal norms to the labour law of Ukraine:
- •What rules are used, if an international agreement, in which Ukraine participates, other rules are set, than those, that they are contained by the legislation of Ukraine about labour:
- •Are the confessedly principles and norms of international law, international agreements of Ukraine the part of national legislation of Ukraine, in accordance with Constitution of Ukraine?
- •Literature
- •Theme 4. Legal foundations of social partnership. Collective (bargaining) agreement
- •Tasks for self preparation:
- •Collective labour contract is:
- •Collective labour agreement should be applied to:
- •Collective labour agreement is operative:
- •Literature
- •Theme 5. Legal regulation of employment and of a job placement
- •Tasks for self preparation:
- •Unemployment benefit should be paid to a citizen who is finding job at first time during such period:
- •For what period unemployment benefit payment may be stopped in case if a citizen declines two propositions of suitable job:
- •Сollective agreement spreads its action:
- •Literature
- •Theme 6. The concept of employment agreement and the procedure of hiring. Peculiarities of conclusion of certain types of employment agreements
- •Tasks for self preparation:
- •Content of employement agreement is (are):
- •What documents should citizen produce (show) to conclude an employement agreement:
- •Maximum duration of a trial work period that is prescribed by law is:
- •Literature
- •Theme 7. An alteration of an employment agreement and its dissolution
- •Tasks for self preparation:
- •Employee should be informed about changing of substantial working conditions not later then:
- •An employee is dismissed from employment after:
- •What reasons can be the ground for labour agreement termination if an employee is not fit for the occupied position:
- •Literature Use the same literature as to the theme 6 Module 2. Special part
- •Tasks for self preparation:
- •Normal duration of work time is:
- •During work in a night-time normal duration of work (shift) shortens for:
- •Duration of weekly continuous rest must be:
- •Literature
- •Theme 9. Remuneration of labour
- •Tasks for self preparation:
- •The system of remuneration of labour when wage is paid for the end result of works is called:
- •A salary must be paid:
- •Payment of secondary employment work is performed:
- •Literature
- •Theme 10. A labour routine and labour discipline. Disciplinary liability
- •Tasks for self preparation:
- •Disciplinary penalty can be applied to an employee during such term:
- •Such of listed items point on disciplinary penalties:
- •Information about penalty, applied to an employee (except disciplinary dismissal) should be recordered to the labour book of the employee:
- •Literature
- •Theme 11. Material responsibility of the parties to an employment agreement
- •Tasks for self preparation:
- •What type of responsibility can be applied to employees involved in the production of precious metals in case of stealing:
- •What type of responsibility should be applied to an employee in case of damage to property of enterprise by inebriated employee:
- •The written contracts about material responsibility with employees can be concluded with employees who attained the age:
- •Literature
- •Theme 12. Work safety. Supervision and control for a keeping within the labour legislation in Ukraine
- •Tasks for self preparation:
- •Who does carry out a public control over compliance with the legislation about a labour protection?
- •An employer must create work safety service at the enterprise with the employment size:
- •Who is under the obligation to create the safe and healthy terms of labour on enterprises, in establishments, organizations?
- •Literature
- •Theme 13. Individual and collective labour disputes
- •Tasks for self preparation:
- •An employee has right to appeal to labour disputes commission:
- •An employee dismissed by employer can go with a lawsuit to the court:
- •What bodies should adjudicate individual labour disputes?
- •Literature
- •Individual assignments for independent work and methodological recommendations to fulfil them
- •The recommended themes of scientific abstracts are: Module 1. General Part
- •Module 2. Special Part
- •The card of independent work
- •The estimation procedure and criteria of students’ knowledge estimation
- •The distribution of points received by students by the results of course studying
- •Criteria for estimation of students’ educational achievements
- •The system of point calculation under the types of educational work
- •System of granting additional points under the types of works
- •Estimation of a knowledge level whilst controlling current coping with the curriculum
- •The intermediate control of students’ knowledge
- •The list of questions for the modular control work Module 1. General Part
- •Module 2. Special Part
- •The example of task construction for modular control
- •The general final knowledge estimation
- •The scale of final points calculation
- •Glossary
Theme 13. Individual and collective labour disputes
Methodical recommendations for independent work
Exposing content of this theme, it is necessary to find out the concept of labour disputes, reason of their origin. Thus it is necessary to notice that today there is no official definition of concept of labour disputes in Ukraine. Only in the Law of Ukraine «On the order of adjudication of collective labour disputes (conflicts)» there is an attempt to give the legal definition of collective labour dispute as one of types of labour disputes. In legal literature labour dispute usually defined as unsettled by direct negotiations divergence between an employee and employer of concerning application of norms of labour legislation or establishment or change of employment conditions, with a statement about consideration of which an employee or employer appealed to the competent agency for consideration of labour disputes.
Students must know the types of labour disputes and their classification, namely:
І. By subjects:
1) individual;
2) collective.
ІІ. By object:
1) disputes concerning application of legal norms (legal disputes: for example about transfer to another job, about recovery of wages);
2) disputes about establishment or change of labour conditions (economic disputes: has usually collective nature. At the same time take place and individual disputes, for example, about the employee’s certification).
ІІІ. By the nature of decision:
1) actionable proceeding (can be adjudicated only by examination of claim at court in a court);
2) disputes of ex parte proceeding (unlawsuit character) (should be examined, in order set by a law, as a rule, it is arbitral procedure).
Depending on the type of labour dispute and its nature the order of its settlement is determined. For individual labour disputes about application of legislation on labour are established such methods of settlement:
1) general order, when a dispute primarily should be examined by labour disputes commission (farther – LDC), and in case of disagreement of employee or employer with the decision of LDC – by judicial procedure. It is necessary to pay attention, that a general order is not obligatory for parties of labour contract. According to the article 124 of the Constitutions of Ukraine all disputes coming from protection of rights and freedoms of citizens can be subjects to the general jurisdiction of the courts. And that is why any general court has not right to refuse in the acceptance of plaint note only from that founding, that its requirements can be considered in the pre-trial order established by law.
2) judicial order, when labour disputes are examined exceptionally by courts, id est this disputes cannot be examined by LDC. It is necessary to study thoroughly art. 232 of CLL, which settles the list of such labour disputes;
3) special order, which is used in relation to the separate categories of employees and provides consideration of dispute in order of subordination or in other order prescribed by a legislation. It concerns judges, public prosecutor's-inquisitional employees, civil servants, members of the elected bodies of public organizations. It is necessary to mark that the special order of consideration of labour disputes does not eliminate possibility of theirs judicial trial.
Students should to learn carefully the general order of consideration of individual labour disputes, namely: to know the order of organization of LDC, time limitation for applying to it, order and terms of consideration of labour disputes in LDC, appealing of its decisions.
Organization of LDC includes: 1) electing of this public organ on Staff Engagement Session (general meeting of staff); 2) establishing of its quantity, composition and period of validity by general meeting of labour collective (or by a conference); 3) obligatory electing of workers in amount not less than half of LDC composition; 4) presences of seal of standard sample. LDC should be elected on enterprises, establishments, organizations, where employed not less than 15 persons.
It is necessary to know that in case of non-fulfilment by employer of LDC decision, it should be enforced according to the article 230 of CLL. As regard to the order of settlement of disputes in a court, it is necessary to find out, who and at what term can appeal to the court with the court claim (articles 233, 234 of CLL of Ukraine); how should be solved cases about renewal at work of illegally dismissed or transferred to another job employees (article 235); in what cases forced absenteeism should be paid, should be satisfied money claim, in what cases should be brought to material responsibility official person which is guilty in illegal dismissal or transfer of employee. For this purpose it is necessary to learn the corresponding articles of chapter ХV of CLL of Ukraine.
It is necessary to learn attentively an item about terms in the decision of labour disputes which are conditionally divided into three groups: 1) terms for addressing to the court for the decision of labour dispute; 2) term of decision; 3) terms of decisions’ implementation. First type of terms has two features: one of them is set for employees, and other – for employer, public prosecutor or higher body in order of subordination. Therefore, employee depending on a body which solves certain case can appeal: а) to the LDC during 3th months from a moment, when he got to know or must know about violation of the right; b) to a court during 10 days to appeal LDC decision, in case of dismissal – during 1 month, in case of other disputes – during 3 months, if a court is the first instance of decision. An employer, public prosecutor, higher bodies, can appeal to the court during 10 days in case of disagreement with the decision of LDC and during 1 year on the recovery of the material consideration of harm, inflicted by employee to the enterprise.
The second type are terms of solving of labour disputes. In LDC and in a court labour disputes should be examined during 10 days, and by a higher body in the order of subordination – in terms that are determined by the special norms. For implementation of labour disputes decisions is set three-day term after the expiry of 10 days granted for the appeal of decisions. This concerns LDC decisions court decisions, except those about renewal at work of illegally dismissed or transferred employees which should be executed immediately.
Next type of labour disputes are collective disputes. A legal base for their settlement is the Law of Ukraine «On the order of decision of collective labour disputes (conflicts)» from March, 3, 1998, that contains general provisions, order of consideration of collective labour dispute(further – CLD(К)), definition of strike, regulations for its realization, guarantees, responsibility and compensation for losses caused by a strike.
Students should become familiar with the definition of CLD(К), that is set by art. 2 of the Law of Ukraine «On the order of decision of collective labour disputes (conflicts)»: CLD(К) are divergences which arose up between parties of social labour relations, in relation to:
а) establishment of new or change of existent socio-economic labour conditions and productive living conditions;
b) conclusion or change of collective contract, agreement;
c) implementation of collective contract, agreement or its certain provisions;
d) non-fulfilment of requirements of legislation about labour».
Classification of parties of collective labour dispute (conflict) is determined depending on three levels: 1) productive; 2) branch, territorial; 3) national. Therefore, parties of CLD(К) at productive level are the hired employees (or theirs categories) of enterprise or of its structural subdivision or trade-union or other organization authorized by the employees; owner of an enterprise, establishment, organization or organ authorised by him or his representative.
On branch-wise, territorial levels parties of CLD(К) are the employees of enterprises of one or a few industries (professions) or trade unions, theirs associations or other bodies authorized by the employees; owners, associations of owners or bodies authorized by them or their representatives.
Parties of CLD(К) at national level are the employees of one or a few industries (professions) or trade unions or their associations or other bodies authorized by the employees; proprietors, associations of proprietors or bodies authorized by them.
Memorize that consideration of collective labour dispute (conflict) should be performed by commission of conciliation or by labour arbitration.
Students must know the order of forming of commission of conciliation, labour arbitration, terms and order of collective labour dispute (conflict) consideration by them.
Commission of conciliation – the body, intended for making of decision which can satisfy parties of CLD(К), and which consists of representatives of parties. A conciliatory commission appears on initiative one of parties at productive level – in three-day, at branch or territorial level – in five-day, at national level – in ten days' term from the moment of arising of collective labour dispute (conflict). It includes identical amount of representatives of parties.
Collective labour disputes (conflicts) are examined by a productive conciliatory commission in five-day, branch and territorial conciliatory commissions, – in ten days', by a conciliatory commission at national level – in a fifteen-daily term from the moment of formation of commissions. On the consent of parties these terms can be continued.
The decision of conciliatory commission is recorded in protocol and has binding force for parties and should be executed in terms set by this decision.
After the settlement of CLD(К) a conciliatory commission should be liquidated.
A labour arbitration is a body, which consists of the specialists, experts and other persons engaged by parties and accept a decision in essence of a labour dispute (conflict).
A labour arbitration appears on one initiative of parties or independent mediator in a three-day term in case:
non-acceptance of the decision by a conciliatory commission;
origin of CLD(К) about implementation of collective agreement, agreement or their certain provisions, about non-fulfilment of requirements of legislation about labour.
Quantitative and personal composition of labour arbitration is determined on the agreement of parties.
A labour arbitration must accept decision in ten days' term from the day of its creation. This term can be prolongated to twenty days.
A strike is the extreme mean (when all other possibilities are exhausted) of collective labour dispute decision. According to the art. 17 of the Law of Ukraine «About the order of decision of collective labour disputes (conflicts)» a strike is the temporal collective voluntarily stopping of working by employees (absence from work, non-execution of the labour duties) of enterprise, establishment, organization (structural subdivision) with the purpose of decision of collective labour dispute (conflict).
The law sets the special procedure of strike staging – certain sequence of actions, terms and rules of realization. Students must trace in detail all stages of realization of strike according to the legislation.
At consideration of this theme students must become familiar with judicial practice of consideration of collective labour disputes and be able to illustrate the gained theoretical knowledge with the materials of practice.
Plan of the lecture:
The notion of labour disputes, their classification and reasons of their origin. Types of labour disputes.
Consideration of individual labour disputes by a court.
The notion of collective labour disputes and general principles of their settlement.