Collective agreement in Ukraine: where and how best to draw up a document?

The collective agreement at the enterprise is considered an additional safeguard to avoid violating the rights of employees. Moreover, the functional component of the collective agreement is much broader than the prevention of problems!

Since the introduction of martial law throughout Ukraine, many enterprises have suspended their activities and closed completely. In addition, new business tax conditions have created new businesses, new jobs and opportunities.

In order to regulate relations between employers and employees, a collective agreement is concluded in an institution, enterprise of any form. It is much broader than an employment contract and is aimed precisely at ensuring the rights and interests of entire labor collectives.

If it is necessary to draw up an individual collective agreement during the war in Kyiv or Ukraine, we recommend using the legal services of the Consultant to order a turnkey document.

What to look for in a collective agreement?

The parties to the collective agreement are considered to be the owner of the institution (enterprise) or a person authorized by him, on the one hand, and the primary trade union organization or a representative elected by the collective of employees, on the other hand.

The definition of the parties to the contract significantly contributes to the improvement of ensuring the rights and interests of both parties to the contract.

First of all, lawyers advise to pay attention to the following points:

●     Contract time;

●     Who controls the implementation of the collective agreement?

●     Who should report on the implementation of the collective agreement?

●     Settlement of relations between the parties upon completion of the collective agreement.

Here it is important to take into account, on the one hand, the provisions of the Law of Ukraine "On Collective Agreements and Agreements", and, on the other hand, the specifics of the field of activity of the enterprise.

Our experts recommend that you first obtain professional advice from lawyers in the field of labor disputes in order to form a collective agreement in accordance with applicable law and reduce the risk of disputes of any category.

Essential terms of collective agreements

Collective agreements regulate many issues of organizing work and ensuring the interests of employees. In a broad sense, the collective agreement stipulates:

●     Guarantees of wages above the minimum;

●     Social guarantees that are above the minimum;

●     Ensuring safety at the enterprise and preventing occupational diseases;

●     Protection of the rights of workers injured at the enterprise as a result of accidents.

The list of conditions can be much wider than those mentioned, and will depend primarily on the specifics of labor activity in an institution or enterprise.

Verification of the implementation of the collective agreement is carried out twice a year, so the parties must not lose vigilance in compliance with the stipulated conditions and obligations.

If it is necessary to analyze the collective agreement between the owner of the enterprise and the primary trade union organization or develop an individual document, we suggest using our legal service Consultant. Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.

Template of a collective agreement at an enterprise, institution of any form of ownership and management

The best lawyers in the field of labor law and disputes are ready to provide appropriate advice! We offer high quality services with comfortable service.

Buying a sample collective agreement in Kyiv has become much easier! You can upload a document in a few simple steps:

●     Download the mobile application "Consultant";

●     After a short registration, you can find the required document in the "Documents" section;

●     By clicking the "Buy Template" button, you will immediately receive a link to download the document.