Publication date: 21.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Labour disputes in Ukraine are not only complex, but also quite common phenomena that can arise for various reasons and lead to serious consequences for both parties - employers and employees. For a better understanding of this phenomenon, let's look at the main causes and typical scenarios of labour disputes in Ukraine.
Causes of labour disputes:
Misunderstanding of working conditions: Disputes often arise due to misunderstandings or differences in interpretation of working conditions, including working hours, remuneration, holidays, and other aspects of the employment contract.
Violation of labour rights: Employers may violate employees' rights, including dismissal without cause, non-payment of wages, denial of leave, etc.
Non-compliance with the law: There are typically situations where employers do not comply with labour laws, which can also lead to conflicts and disputes.
Poor HR management: Poor human resources management, team conflicts, or an imperfect management system can lead to conflicts and disputes.
Typical scenarios of labour disputes:
Dismissal of an employee: Conflicts may arise in connection with the unlawful or unjustified dismissal of an employee or a misunderstanding regarding the terms of termination of an employment contract.
Non-payment of wages: When an employer fails to pay wages or compensation for overtime, it can lead to litigation and administrative disputes.
Violation of employee rights: Conflicts arise when an employee's rights are violated, such as denial of leave, unlawful restrictions on strike action or poor working conditions.
Workplace injuries and safety: Conflicts may arise over workplace injuries, inadequate protection of employees in the workplace, or cases of occupational disease.
Differences in interpretation of corporate culture rules: Misunderstandings of corporate culture, disciplinary requirements or standards of professional behaviour can lead to conflicts between employees and employers.
Labour disputes are complex and often require professional assistance from lawyers or attorneys to resolve.
The first step in resolving an employment dispute may be to consult a lawyer or attorney. During such a consultation, the lawyer will assess the situation, analyse the evidence and provide the client with comprehensive information on his or her rights and possible options for resolving the dispute. An important part of the consultation is to explain the legal aspects and prospects for a successful resolution of the case.
Lawyers and attorneys can also help to negotiate a settlement between parties without going to court. They act as mediators and facilitate a compromise that satisfies both parties. Concluding a settlement agreement can be an effective way to resolve an employment dispute without the time and expense of litigation.
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If a labour dispute cannot be resolved through negotiations, a lawyer, or attorney can prepare and file a lawsuit on behalf of the client. They will take care of the entire process of preparing documents, taking into account all the requirements of procedural law and the rights of the parties. They will also further represent the interests of the person during the trial.
Thus, understanding the causes and typical scenarios of labour disputes is important for effective HR management and prevention of potential conflicts in the workplace. Resolving labour disputes requires a comprehensive approach and consideration of the interests of both parties to reach mutually beneficial solutions.
