Based on the analysis of changes in labor legislation in the aspect of the procedure for labor disputes’ consideration, the author claims that the current legal regulation of judicial protection of the employees’ rights in general meets international and European standards for the protection of employees’ rights and interests. Taking into account dissertation studies of Soviet and Ukrainian scientists, it is stated that labor rights have always been the object of attention of scientists, which is due to the social significance of this type of civil rights. At the same time, most of the conducted studies were focused on material and legal aspects of the protection of the rights of employees, extrajudicial form of labor rights’ protection. Currently there is a steady trend towards the unification and specialization of procedural legislation, as well as bringing the judiciary in such cases into compliance with the requirements of European procedural legislation in general and the practice of the European Convention on Human Rights in particular. It is stated that the unification of labor disputes, which are closely related to corporate affairs, bankruptcy disputes, within the framework of civil proceedings will lead to the emergence of controversial points related to the resolution of related economic and legal disputes due to the possibility of delaying related processes by suspending the proceedings until the resolution of the labor dispute. International, european, and national levels of labor rights protection are distinguished. The international level is formed on the base of conventions, declarations, and legal acts of the International Labor Organization. The european level is determined by supranational directives and regulations that influence the development of national legal systems for the protection of workers' rights. On the basis of the normative legal acts analysis regarding labor rights as an object of procedural protection, the constitutional and regional level have been distinguished. At the constitutional level, it is talking about substantive and legal norms of the Constitution, constitutional procedural and legal norms, etc. The regional level is marked by a combination of substantive and procedural legal norms within a single codified act of labor legislation. The variability of procedures for resolving labor disputes (Italy, the Netherlands, Japan) is caused by the differences in the economic models chosen by specific countries. The differentiation of labor justice systems in countries is determined by the following parameters: 1) the scope of competence, that is, by the type of cases under their jurisdiction; 2) court’s composition (tripartite, bilateral or one-person); 3) degree of pre-trial procedures; 4) procedural powers. Based on the analysis of labor justice systems abroad, the author justifies that the allocation of labor courts is characteristic primarily of socially oriented states with a developed market economy, a strong position of trade unions (France, Great Britain, Germany, Sweden). Taking into account the objective and subjective criteria, depending on the nature of the disputed legal relationship, the subject of the lawsuit, the composition of the subject, it was found that the vast majority of labor disputes are resolved in civil court proceedings; however, some of the labor disputes are considered in the order of administrative (disputes regarding public service) or commercial proceedings. It has been established that court protection of labor rights is possible in the order of: 1) legal proceedings (resumption of work, etc.); 2) simplified proceedings; 3) injunctive proceedings (recovery of accrued but unpaid wages); 4) separate proceedings (establishment of the fact of mutilation during the performance of labor duties, establishment of other important facts in labor relations). It is concluded in the dissertation that the provisions (book nine "Individual labor disputes", chapter 3 "Consideration of individual labor disputes in courts") of the draft Labor Code of Ukraine regarding the consideration of labor disputes do not reflect all the specifics of court cases’ consideration regarding the protection of labor rights, and therefore requires detailing of their legal content. It is justified that consideration of a labor dispute in the order of general proceedings, rather than a simplified one, cannot be a basis for annulment of a court judgment, since the relevant circumstance does not affect a comprehensive and objective consideration, and the delay of the court process cannot serve as an unconditional procedural basis for annulment of the court decision.
