During 2023, the activities of the National Mediation and Conciliation Service branch in Lviv region (NMCS branch in Lviv region) in accordance with the Laws of Ukraine “On the Procedure for Resolving Collective Labour Disputes (Conflicts)” and “On Social Dialogue in Ukraine” were aimed at facilitating the resolution of collective labour disputes (conflicts), improving the state of social and labour relations (SLR) in the labour collectives of enterprises, institutions, organisations of the region, forecasting and preventing the occurrence of collective labour disputes.
In order to take measures to facilitate the resolution of collective labour disputes (conflicts), improve the state of the SRL, and ensure social stability in the region in wartime, the MTFTU in Lviv region cooperates with executive authorities and local self-government bodies, trade unions, employers’ organisations, law enforcement and regulatory authorities, parties to the SRL of enterprises, institutions, organisations of the region, and public organisations.
In fulfilment of its tasks and functions, in 2023, the MTWTU branch in Lviv region facilitated the resolution of 47 collective labour disputes (conflicts) involving more than 5.5 thousand employees.
In total, employees and trade unions put forward 102 demands in these CLCs, of which 56 (54.9%) were related to the implementation of a collective agreement or contract; 31 (30.4%) were related to non-compliance with labour legislation; and 15 (14.7%) were related to the conclusion or amendment of a collective agreement or contract.
In addition, in the period under review, the MTWTU branch in Lviv region took measures to prevent the occurrence of CTS(K) aimed at resolving conflict situations at 21 enterprises, institutions and organisations in the region, involving more than 5.6 thousand employees. Thanks to preventive measures taken by the NUTPU in Lviv region, conflict situations at 15 enterprises were resolved.
As a result of the measures taken by the NUTU in Lviv region to prevent the occurrence of CTS(K), wage arrears in the amount of UAH 16.9 million, or 80.2% of the total debt, which was the main cause of conflict situations, were repaid.
In terms of industry, the largest number of CCC (C) and conflict situations (33 or 48.5%) were registered at enterprises, institutions and healthcare organisations, and 27 or 39.7% in the mining industry.
The main, most common reasons for the emergence of CTS(K) and conflict situations are violations of current labour legislation, including wage arrears and late payment of current wages, and failure to comply with the provisions of a collective agreement.
In 2023, 195 conciliation procedures were conducted to resolve CTS(K) and prevent their occurrence.
With the assistance of the MTWTU branch in Lviv region and with the participation of the authorities and trade unions, the MTWTU resolved CLCs at Lvivvuhillya, Central City Hospital of Boryslav of Boryslav City Council, Nadiya Mine, Sosnivska City Hospital of Chervonohrad City Council, and other disputes.
In 2023, the MTWU branch in Lviv region considered 185 appeals from citizens, letters from legal entities and representatives of citizens’ associations, which raised 228 issues.
The MTFTU in Lviv region takes measures to ensure the implementation of social dialogue in the region and the implementation of the Law of Ukraine “On Social Dialogue in Ukraine”, according to which the MTFTU is responsible for assessing compliance with the criteria of representativeness (confirmation of representativeness) of the parties to social dialogue.
In accordance with the decisions of the MTWU branch in Lviv region, as of 01.01.2024, 12 trade unions and employers’ organisations of Lviv region were recognised as meeting the criteria of representativeness and the validity of certificates of representativeness at the territorial level was extended for participation in collective bargaining on the conclusion of territorial agreements and for delegating representatives to the relevant social dialogue bodies.
In order to expand cooperation, in particular, in the area of social dialogue development, labour mediation, legal support of rule-making activities, implementation of joint measures aimed at preventing the occurrence of CTS(K) and facilitating their timely resolution, the NUTU of Lviv region signed memorandums of cooperation with higher education institutions, state institutions, and public organisations.
In the field of rulemaking, the MTUC in cooperation with representatives of all stakeholders developed the draft law “On Collective Labour Disputes”, which was officially published on the MTUC website on 05.09.2023. The MTWU branch in Lviv region took measures to hold a public discussion of the draft law “On Collective Labour Disputes” in the region with the involvement of the ETS parties, government and local authorities, trade unions and employers’ organisations, the legal community, academics, mediators, and the public in a broad discussion. The NECU also started working on updating the legislation on social dialogue and created a working group to prepare a new version of the Law of Ukraine “On Social Dialogue in Ukraine”.
The MTWU’s non-staff institutions, such as heads of information and consultation centres, labour arbitrators and mediators, make a significant contribution to the common cause in improving the state of the ETS in labour collectives, taking measures to facilitate the resolution of CTS(C) and resolving conflict situations. Today, 15 information and consultation centres of the NUTPU operate in districts and cities of the region, and 24 labour arbitrators and mediators of the NUTPU work on a voluntary basis.
Up-to-date information on the activities of the MTWU and the MTWU branch in Lviv region is available on the MTWU official website (www.nspp.gov.ua) and on the MTWU and the MTWU branch in Lviv region Facebook pages (https://www.facebook.com/profile.php?id=100086943761496). For explanations and consultations on labour legislation and legislation on the procedure for resolving C&D, the procedure for assessing compliance with the criteria of representativeness of the parties to social dialogue, please contact the NUJTU in Lviv region by phone (032) 299-93-15, 261-10-82, e-mail: lvivnspp@ukr.net.
Beshlei M.R., Chief Specialist, Legal Adviser of the Department of Contractual and Legal Work of the Legal Support Department of the Executive Committee of the Drohobych City Council, Head of the Information and Consultation Centre of the NUFTU in Drohobych
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