In dissertation has provided detail analysis of mainly features and nature of procedural and processual norms as the labour disputes’ preventive and resolving mechanism, with contributions of foreign scientific viewpoint taking in account. It is maintained the regularities of their mutual transformations, constituted cases of ones’ unity and contradiction.
Constituted, that the labour disputes’ institution in Ukraine has passed complex way of development by impact of various law traditions in states Ukrainian territories included. This effects or affects on level of their legal adopting and labour rights’ defense quality.
Maintained, that exists both: procedural and processual problems of labour disputes resolving intensified by Constitutional Amendments on Justice. Particularly, procedural problems consist of absence of administrative procedures as a mechanism of labour disputes’ settlement and guarantee of decline of aforesaid court’ cases amount in our state. Processual problems, for instance, represented by adaptability of someone institutions of Civil Process to labour disputes resolution effectively, on their specify, correlation between Civil Process & Labour Law taking in account. Consequently, it leads to simplify of processual Acts for labour disputes’ resolution and their refusing of formalism, red tape, improving of accessibility for ordinary employees.
Provided implication about existence of procedurally-processual dualism emphasizes unity between procedure and process, from the one hand, permits derivate criteria of their non-equivalence and independence, from the other. Aforesaid conclusion definitely attested Dialectical Rule of Antipodes’ Unity and Struggle.
Accentuated, that in field of individual labour disputes there is a procedurally-processual dilemma, appears during choice of labour rights defense ways: procedural or Court trial. Simultaneously, employee realizes their rights on your own, in depend on purpose one's object as a result of application.
Noticed, that core problems of Law-of-Substantive Procedure consist on IT-technologies providing, dividing between transference and move, disciplinary procedure embodiment by employer personally (in Ukraine), providing implication about simplify of employment termination procedure with someone types of employees in respect to economic, but non-law circumstances and so on and so forth. Moreover, Native employment termination procedure has link of disadvantages in field of termination notice, order and reasons for termination, their plot in compare with EU countries’ Legal.
Compare between Foreign and Native Legal allows provide implication about absence of preventive procedures as trainings, working time audit, professional skills’ requirement evaluation, i.e. it needs to adopt these ones as Legal Act.
Peculiarities of Ukrainian procedure of individual labour disputes settlement presented by: dividing procedures on extrajudicial and judicial, but it is incorrect relatively to law-of-substantive procedure; none systems of voluntary labour disputes settlement systems alike Dispute Resolution Councils and labour relations commissions as administrative bodies; absence of «advice and guidance», «information provision and consultation» and «conciliation» procedures in field of individual labour disputes settlement; only one body represents the extrajudicial procedure in Individual Disputes’ Resolution system, – a commission on labour disputes (CLD); acceptance procedure and process of labour disputes resolution, as rather equivalence definitions, which make Native Labour Disputes’ Resolution system backward in compare with well-developed states.
To correct and improve this situation are proposed next ones: provide in Ukraine the administrative Individual Disputes’ Resolution system (alike Dispute Resolution Councils and labour relations commissions as administrative bodies), specifies procedures of ―information provision and consultation‖, ―advice and guidance‖ and ―conciliation‖ in Individual Disputes’ Resolution system; divide the procedure and process of labour 8
cases examination in separated definitions; provide the implication, that procedure is not only algorithm of labor cases examination, but also the order of legally significant acts in labour law; classify procedures as the order of legally significant acts in labour law into: legally-establishing (hiring), legally-changing (job transfer), and legally-breaking (firing); classify procedures as the algorithm of labor cases examination into administrative, conciliation and subsidiary (as ―information provision and consultation‖, ―advice and guidance‖). Refuse from classification of procedures of labor disputes resolution for extrajudicial and judicial.
