The dissertation is the first in the science of labor law of Ukraine special comprehensive study of the principles of social dialogue in the field of labor.
The dissertation investigates theoretical and practical aspects of defining the concept, content and meaning of the principles of social dialogue in the field of labor, as well as formulates proposals and recommendations for improving current legislation of Ukraine on social dialogue, its application and registered drafts of the Labor Code.
The concept of the principles of social dialogue in the field of labor as the basic ideas, starting points and principles on which the social dialogue in the field of labor is based, its legal regulation, interests and intentions of the parties at the appropriate level (national, sectoral, territorial and local) social dialogue in the organizational and legal forms determined by law.
The clarified law enforcement significance of the principles of social dialogue in the field of labor is that these principles are a kind of guidelines for further development of social dialogue, increase its effectiveness and achieve the goals of social dialogue; is the basis of law-making activities of authorized entities, directly influencing the content of regulations; act as a standard in the interpretation and application of the legislation on social dialogue; prevent the parties from abusing their rights during social dialogue.
The classification of the principles of social dialogue in the field of labor depending on: the sphere of legal regulation (common law, intersectoral and institutional); extension to various forms of social dialogue (principles that apply to all forms of social dialogue, and principles that apply to certain forms of social dialogue); levels of social dialogue (principles that apply to all levels of social dialogue and principles that apply to certain levels of social dialogue); the subjective composition of the parties to the social dialogue (tripartite or bilateral cooperation); the degree of extension to the parties to the social dialogue (principles that apply to all parties to the social dialogue and principles that apply to individual parties to the social dialogue).
The legal nature of the basic principles of social dialogue enshrined in Art. 3 of the Law of Ukraine "On Social Dialogue in Ukraine", which is heterogeneous in terms of referring some of them to common law, intersectoral and institutional principles. Some of the basic principles of social dialogue (Article 3 of the Law) by their legal nature are common law (rule of law, legality, equality, independence), others - intersectoral principles, the application of social dialogue is not limited to labor, social dialogue also in employment, social security, health care, labor protection, etc.).
The system and interrelation of the legally established basic principles of social dialogue and the need for their comprehensive application to achieve the goal and solve the problems of social dialogue are proved.
The expediency of including in the list of institutional (principles of the legal institute "Social dialogue in the field of labor") principles of social dialogue in the field of the following principles is substantiated: representativeness of the page; powers of page representatives; openness; transparency; publicity; independence of the parties; equality of the page; voluntariness; constructiveness; acceptance of real responsibilities; mutual respect page; search for compromise solutions; mandatory consideration of page proposals; basic conciliation procedures; obligation to comply with the agreements reached; responsibilities for the implementation of collective agreements, collective agreements and other acts of social dialogue; responsibility for violating the law on social dialogue.
Taking into account the legislative experience of foreign countries proposed by the Code of Labor Laws of Ukraine, Book Six "Collective Labor Relations" of registered drafts of the Labor Code of Ukraine a separate chapter "Social Dialogue in Labor", which enshrines the basic provisions of social dialogue in labor, including a list of institutional principles of social dialogue in the field of labor with the definition of their concept and content.
