Klimenchuk N. Collective bargains as acts of collective partnership.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U001681

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

16-03-2011

Specialized Academic Board

Д 26.236.04

Essay

Social partnership can be considered as (a) legal institution representing by itself the whole complex of rules of law regulating group of interconnected relations among employees, employers and state; (b) principle of law reflecting the main idea characterizing appropriateness of interests agreement of social partnership subjects; (c) social relations among employees, employers and state where each participant is a bearer of subjective rights and obligations; (d) legal mechanism of the social labour relations regulations. Collective bargain is the act having the general principles of social-labour relations regulation and connected with them economic relations and which is concluded among plenipotentiary representatives of employees and employers on a state, regional and branch levels within their competence. According to its legal nature the bargain is the normative agreement. The criterion of the classification such collective bargains is put in order with relations according to which bargains are distinguished as: general, determining the common principles of the social-labour relations regulation at the state on a level of the state; regional involving general principles of the social-labour relations on a level of territorial formation; branch defining conditions of labour payments, labour guarantees and privileges of employees of corresponding branch of industry -sphere of economic activity. The recommendations as to the improvement of the legislation currently in force in Ukraine in the field of social-partnership relations regulation have been worked out.

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