Publication date: 13.05.2024
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Can the medical director of the hospital be the head of the trade union?
Law of Ukraine dated September 15, 1999 No. 1045-XIV "On trade unions, their rights and guarantees of activity" (hereinafter - Law No. 1045) does not establish requirements for the chairman of the trade union committee.
There are no such requirements in the Model Regulation on the primary trade union organization — the organizational link of the FPU member organization, approved by the resolution of the Presidium of the FPU Council on November 15, 2000 No. P-30-7 (hereinafter — the Regulation).
The only requirement is contained in subsection 2.17.2 of the Regulation, according to which the trade union committee elects the chairman of the trade union committee from among its members, if this right is provided for by the trade union charter or delegated by the meeting (conference), and deputy chairman.
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Who can be members of trade unions
According to the first part of Article 7 of Law No. 1045, members of trade unions can be persons who work at an enterprise, institution or organization regardless of the forms of ownership and types of management, at an individual who uses hired labor, persons who provide themselves with work independently, persons studying at an educational institution.
The statute (regulations) of the trade union may provide for membership in the trade union of persons engaged in creative activities, members of farms, natural persons - subjects of entrepreneurial activity, as well as persons studying in professional (vocational-technical), professional pre-higher and higher education institutions , persons who resigned from work or service due to retirement or who are temporarily unemployed (part 4 of article 7 of Law No. 1045).
Statutes (regulations) may provide for restrictions on dual membership in trade unions (Part 5, Article 7 of Law No. 1045).Requirements for the candidacy of the chairman of the trade union committee
The statute of each individual trade union may stipulate requirements for the candidacy of the chairman of the trade union committee, although the legislation does not establish such requirements.
There is another nuance that according to the sixth part of Article 7 of Law No. 1045, employers cannot be members of elected trade union bodies of any level.
According to the sixth paragraph of the third part of Article 14 of Law No. 1045, the statute (regulations) of the trade union must contain the organizational structure of the trade union, the powers of its organizations, elected bodies, and the procedure for forming their composition. That is, it is the statute or regulation of the trade union that must contain information about the procedure for electing the head of the trade union.
If the employer's representative in labor relations is a person who has the right to hire and fire an employee, then such a person cannot be a member of the elected bodies of the trade union at any level. Therefore, if the medical director is endowed with such powers, he cannot be elected as a member of the elected bodies of the trade union at any level.
As a general rule, the head of the health care institution accepts and dismisses employees within his competence. However, in the absence of the manager, the medical director can perform his duties on his behalf (paragraph 10 of the "Managers" section of the Handbook of Qualifications of Employees' Professions. Issue 78 Health Care, approved by the order of the Ministry of Health of Ukraine dated March 29, 2002. No. 117).If the medical director is not a representative of the employer in labor relations and, given the qualification characteristics of the profession, is not endowed with the right to accept and fire employees, and meets the requirements for the candidacy of the head of the trade union committee established in the statute (if such requirements exist), then he can be elected to member of the elected b
