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On Amendments And Additions Relating To The Consideration Of The Individual Labour Disputes, The Labor Code Of The Ukrainian Ssr And The Recognition That Illegible, Some Legislative Acts

Original Language Title: Про внесення змін і доповнень, що стосуються розгляду індивідуальних трудових спорів, до Кодексу законів про працю Української РСР та визнання такими, що втратили чинність, деяких законодавчих актів

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Regarding changes and additions relating to the review
Individual labor disputes, to Code of Laws
Concerning the work of the Ukrainian SSR and the recognition of those who have lost
validity, some legislative acts

(Information of the Verkhovna Rada of Ukraine (VR), 1992, N 22, pp. 302)

Verkhovna Rada of Ukraine Oh, I am. :
I. Introduction to the Code of Laws of the Ukrainian SSR
( 322-08 ) (Information of the Supreme Council of the Ukrainian SSR, 1971, appendix to
N 50, st. 375; 1975, N 24, pp. 296; 1977, N 1, pp. 4; 1984
, N 1, p. 3; 1988, N 23, pp. 556; 1991, N 23, pp. 267)
Such changes and additions:
1. Chapter XV is set out in this edition:
" Chapter XV
Article 221. Organs who view labor disputes
Labor disputes are considered: (1) Labour commissions; 2) by district (s). Such an order of employment disputes arising from between
an employee and owner or an authorized body,
applies regardless of the form of employment contract. The established order of review of labour disputes does not extend
on the dispute over early release from elected office
members of public and other associations of citizens by decision
the organs that they chose.
Article 222. Order to consider the labour disputes of some
employees categories
The special consideration of the employment of judges,
Prosecutor-General, as well as training workers,
scientific and other institutions of the prosecutor ' s office, which have class cites,
are set by legislation.
Article 223. Organization of Labour Commissions
The Labour Dispute Commission is elected by general assemblies
(conference) labour group enterprise, institutions,
organizations with a number of employed no less than 15 people. Order of selection, numerality, storeroom, and line of authority
commissions are determined by the general assembly (conference) of labour
A group of businesses, institutions, organizations. With this number
Workers in the Enterprise Labour Dispute Commission
must be at least half of its composition. The Labor Dispute Commission is elected from its head,
his deputies and secretary of the commission. By the decision of the general assembly (conference) of the labour force
enterprises of the enterprise, institutions, organizations can be created
Commission on Labour and Other Similar
Units. These commissions are elected by groups of units and act
On the same basis as the Commission on Labour disputes,
Institutions, organizations. In labor groups, units may be considered
labor disputes within the authority of these units. Technical and Technical Support of the Commission on Labour
Spores (provision of equipment, printing and other equipment)
technique, necessary literature, organization of business, accounting and
storage of statements by workers and cases, preparation and issuing of copies
And so on. (in French) it is owned by the owner or authorized by the
Organ. The Labour Commission,
the organization has a seal of the installed model.
Article 224. Competence of the Labour Dispute Commission
The Labour Dispute Commission is a mandatory primary body.
to review the labour disputes arising from enterprises, in
institutions, organizations, with the exception of disputes defined in articles
222, 232 of this Code. Labor dispute is subject to consideration by the Labour Commission
disputes if the worker is alone or with the union
organizations, representing his interests, did not settle
disagreements in direct negotiations with the owner or
The authority is authorized by the authority.
Article 225. Labor Commission appeal lines
of disputes and procedures for the adoption of the employee's statement
A worker may appeal to the Labour Dispute Commission in
a three-month line from the day he learned or should have
learn about the violation of his right. If a string is missing for the most important reasons
The labour force commission can resume it. The employee ' s statement came to the commission.
Mandatory registration.
Article 226. Labor Order and Lines of Labor
Dispute Commission dispute
Labour Commission is obliged to consider labor
The chorus has been in a ten-day period since the day of submission. Spores must be
considered in the presence of a worker who submitted a statement,
representatives of the owner or the authorized body. Review
dispute in the absence of a worker is allowed only for his
A written statement. On behalf of the worker when considering the dispute
his name can be a union representative or
by selecting an employee another person, including a lawyer. In case of worker failure or the representative of the
meeting of the commission ' s meeting shall be postponed to the next
Okay. When an employee does not appear to be reappeared
reasons for the commission may decide to withdraw this statement from
not depriving the worker of the right to submit a statement again
the limit of a three-month period from the day when the worker found out or
I had to know about the violation of his right. The Labour Dispute Commission has the right to call for a meeting
to the staff of the Committee,
accounting and other checks, demand from owner or
The authorized authority is the necessary calculations and documents. The meeting of the Labour Commission is considered to be legal,
if there are at least two-thirds of the selected ones present
members. A worker and owner or authorized by the authority shall have the right
Has been motivated by the failure of any member of the commission. Question of
The departure is decided by a majority vote of the members of the commission present
The meeting A member of the commission that is claimed not to participate in the
solving the question of failure. The meeting of the Commission is under protocol, which is signed
He or his deputy and his secretary.
Article 227. Order of decision-making by the Commission on
Labour force
The Labour Dispute Commission accepts the decision by majority vote
its members present at the meeting. In the decision: the full name of the enterprise,
institutions, organizations, surname, name and by parent,
which appealed to the commission, or its representative, the date of appeal
to the commission and date of review of the dispute, the essence of the dispute, the names of the members
the commission, the owner or representatives of the authorized body,
results of the vote and the motivated decision of the commission. Copies of the commission ' s decision in the three-day row are presented
The worker, the owner, or the authority of him.
Article 228. Appeal of the decision of the Labour Dispute Commission
In case of disagreement with the decision of the Labour Dispute Commission
a worker or owner or authorized by his body can appeal
its decision to the popular court in a ten-day period from the day of the award
They're statements of the committee meeting or his copy. Skip
The specified string is not a subscript of the statement.
Recognizing the reasons for the pass are respected, the people ' s court may resume
this is the line and consider the spin in essence. When the rows were skipped
will not be renewed, the statement is not considered, and remains in force
The Commission's decision on labour disputes.
Article 229. Lines of decision of the Commission on the
Labour force
The decisions of the Labour Commission are subject to execution
owner or empowered by it in a three-day line of
ending the ten days stipulated on his appeal (article
228), except for cases provided by the fifth article
235 of this Code.
Article 230. Order of the decision of the Commission on
Labour force
In case of unfulfilled owner or authorized by it
the decision of the Labour Dispute Commission in the set of rows (Article
(229) Labour-based labour force commissions,
institutions, the organization is issued to the ambassadors that have the power
an executive letter. The naming of the body is the name of the body.
the decision of the labor dispute, the date of its adoption and the issuance of
certification; surname, name and by parent; decision by
Essentially, I bet. The evidence is found in the head or
Deputy Chairman of the Enterprise Labour Dispute Commission,
institutions, organizations, and printing of the labour disputes commission. No evidence is issued if a worker or owner or
The organ authorized by the organ has been approached by a section of 228 rows
with a statement to address the labour dispute to the district (urban)
the People's Court On the basis of the ID card, not later
a three-month line to the district (city) people ' s court,
The court executes the decisions of the Labour disputes commission in the
forced order. If an employee is missing a three-month string
for the most important reasons the Labour dispute issued
A license can resume this line.
Article 231. Examination of labour disputes in district councils
In district (urban) people ' s courts are considered labour
Dispute over statements: (1) an employee or owner or an authorized body when
they disagree with the decision of the enterprise labor commission,
Institutions, organizations (units); (2) of the prosecutor if he believes that the decisions of the Labour Commission
The debate is contrary to the current legislation.
Article 232. Labor disputes that are subject to immediate use
considered in district (urban) people ' s courts
Directly in the district (urban) people ' s courts
The following are considered labour disputes: (1) workers of enterprises, institutions, organizations, where the commission
No employment is elected; 2) workers about renewing at work regardless of reason
Termination of employment contract, change date and wording
release, payment for the time of a forced walk or performance
Underpaid work, except for the disputes of workers specified in
In part three of Article 221 and Article 222 of this Code; 3) the head of enterprise, institution, organization (branch,
representation, department and other separate unit), its
of the deputies, the management workers who are elected, are approved
or appointed by the positions of the State authorities and the management,
as well as public organizations and other associations
citizens, on exemption, change to date and formulation of reason
release, transfer to another job, pay for the time of the forced
A walk and a diversion of disciplinary lesions, except for the disputes
workers listed in part three of Article 221 and Article 222
This is the Code; 4) of the owner or the authorized authority of the reimbursement authority
Material damage to the enterprise,
The institution; (5) Employees in question the application of
The work according to the current legislation has been previously
solved owner or authorized by it organ and trade union
the body of enterprise, institution, organization (unit) within
They're right. Directly in the district (urban) people ' s courts
There are also debate about refusal to work: 1) workers invited to work in order of transfer from
other enterprises, institutions, organizations; 2) young specialists who have completed the higher education
The schedule and the established order are directed to the
The enterprise, in the institution, the organization; 3) pregnant women, women who have children aged up to three
Years or a disabled child and single mothers
Child under 14 years of age; (4) Electoral workers after the end of the term of office; (5) other persons with which the owner or authorized by the
In accordance with the current legislation, it is obligated to make employment
Article 233. Reference lines to district (urban)
Public Court for the Solve of Labour
An employee can request a statement of employment
dispute directly to the district (city) people ' s court in
a three-month line from the day he learned or should have
learn about the violation of his law, and for the dismissal of
in lunar lines from the day of giving copies of the order of release or from
the day of the issuing of the labor book. To address the owner or authorized him to the court
in matters of lesion from the employee of the material harm,
enterprises, established, organizations, set rows into one
A year from the day of the detection of a damaged worker. Installed part of the second line article applies
and on the appeal to the court of the above-held body or the prosecutor.
Article 234. Resuming of the courts issued from
Good reason.
In the event of a pass for the important reasons for the lines set up
Article 233 of this Code, district (city) People ' s Court may
Resume these lines.
Article 235. Update on Work and Change the Formulation
causes of release
In case of release without lawful grounds or illegal
The transfer to another work worker must be renewed on
The previous work is an organ which is considering labor dispute. On the basis of the decision to renew the body,
views the labor dispute, simultaneously making the decision on payment
The average wage for an hour of forced walks or
the difference in earnings per hour of unpaid work, but
not more than one year. If a request for a job update
consider more than one year not from the fault of the employee, the body that
views the labor dispute, make decisions about the payment of the average
The wages for the whole time are out of the way. In the case of recognition, the cause of dismissal is wrong
or so that does not comply with the current legislation, in cases where
when it does n' t burden the employer ' s resume at work, the organ,
which is considering labor dispute, is required to change the formulation and
indicate the reason for the release of accurate correspondence with
the formulation of valid legislation and with reference to the relevant
the article (paragraph) of the law. If the reason for the cause is not correct
The liberation in the labour book prevented the employment of
worker, an organ that examines labor dispute, at the same time
accepts the decision to pay his average salary in an hour
A forced walk in order and on the conditions provided by the
the second of this article. In case of delay of issuing a labor book from the owner ' s fault, or
The authorized authority is paid to the average
All right, let's do it all the time. Decision to resume the work of illegally released or
transferred to another work of the employee accepted by the body who
"We are looking at the labor dispute, subject to the immediate execution."
Article 236. Payment of forced pleasure in detention
completion decision on
Employee work
In case of delay the owner or authorized by it
execute the decision of the body that considered the labor dispute about
renewing the work of illegally released or transferred to
another worker ' s job, this body will make a payment to him
the average wage or the difference in earnings per hour of delay.
Article 237. Material responsibility
to the service person, guilty of illegal
release or transfer of employee
The court rests on the service person, guilty of illegal
free or translated employee to another job, duty
to cover the damage done to the enterprise, institution, organization of
Due to the payment of the time of the exhorted pleasure or time
the execution of lower-paid work. It's a duty to rely on,
if the release or transfer is carried out with a violation of the law or
if the owner or authorized by the authority delayed the execution of the decision
The Court of Justice.
Article 238. Satisfaction of Money
When considering labor disputes in questions about monetary requirements,
In addition to the requirements for the payment of the average wage per hour
for a walk or a difference in earnings per hour of performance
Underpaid work (Article 235), a body that examines the dispute,
has the right to make a decision to pay for the right to proper sums
no limit to any string.
Article 239. Restricting the rotation of decision-making
Labour force
In the case of abolition of the executed decision-making decisions
salary or other pay stemming from the labour market.
legal relations, turn of execution only allowed when
The cancelled decision was based on a hung plaintiff
false information or fake fake documents. From the same basis, the charge is allowed to charge from the staff of the courts,
paid to them according to the earlier decision of the
"Labor disputes in the re-examination of disputes".
2. Article 43 of the Board of Editors:
" Article 43. Break-up of employment with the initiative
of the owner or authorized
prior to the consent of the union authority
Break-up of employment contract with the grounds stipulated
Items 1 (except for the elimination of the enterprise, agencies,
(b), 1-1-5, 7 and 8 of Article 40 and paragraphs 2 and 3 of Article 41
this Code can only be held under the previous agreement
The union organ. The union authority reports the owner or authorized by it
an organ in writing about the decision making in a ten-day row. If the employment contract is terminated with an employee
owner or empowered by it without an appeal to
The union authority, the court stops the proceedings on the case, asks
The consent of the union authority and after its acquisition or failure
The union body in the question of consent to the dismissal of the worker
(part of the first of this article) examines the dispute in essence. "
3. To complement the Code of Article 43-1 of this content:
" Article 43-1. Break-up of employment with the initiative
owner or authorized by it without
the prior consent of the union authority
Breaking the labor contract with the owner ' s initiative or
the authority to the union without the consent of the union authority
is allowed in the following cases: Liquidation of the enterprise, institution, organization; The unsatisfactory result of the test conditioned on
Adoption of the agenda freeing with a mixture of work in relation to the acceptance of
the work of another employee who is not a conformant, as well as in connection
with restrictions to work on compatibility, predicted
Legislation renewing the worker who previously performed the
Work freeing a worker who is not a member of a professional union,
what acts on the enterprise, in the institution, the organization; freeing from enterprise, institution, organization, where there is none
The trade union organization; freeing the head of enterprise, institution, organization
(affiliates, offices, department and other separate)
subdivision), his deputies, the head workers, who
Elected, approved or appointed by the office of
power and governance, as well as public organizations
and other associations of citizens. Other cases can be predicted.
to break the labor contract from the owner ' s initiative or
the authorized body without the consent of the relevant union
Organ ".
4. Paragraph 3 of Article 133 will be deleted.
5. Add article 134 to a new paragraph 8 such as:
" 8) the official person is guilty of illegal release or
translated employee to another job. "
6. In Article 142, the words "statute of discipline" should be replaced by
the words "statutes and provisions of the discipline".
7. Article 147 is part of the second such content:
" The legislation, statutes and provisions of the discipline
may be predicted for individual categories of workers and others
Disciplinary charge ".
8. To complement the Code of Article 147-1 of this content:
" Article 147-1. Organs, legal to apply
Disciplinary charge
Disciplinary charging is applied by the body provided.
the right to work (election, approval and appointment of
(...) (...) On workers who carry a disciplinary responsibility for
status, provisions and other acts of the
discipline, disciplinary leavings can also be imposed on
organs above the organs specified in part one of the
in this article. Employees who occupy elected positions may be
freed only by the decision of the body that selected them, and only from
The basis of the legislation ".
Article 151 is part of the third such content:
" During the line of action of the disciplinary charge of the measures
"The staff of the law do not apply."
10. In the naming of the Code and its text words " Ukrainian
RSR "replace" with the word "Ukraine".
II. To acknowledge that they have lost their validity:
1. The Decree of the University of Ukraine and the Radnarkom of the Ukrainian SSR of 5 April 1930.
"The Charter of the Disciplinary Responsibility of the Order of Maturity"
(ZZ of the Ukrainian SSR, 1930, N 10, pp. 104).
2. Paragraph 41 of the Executive Order of the University of December 28, 1930 " About
The approval of the decrees that the presidium of all-Ukrainian
Central Executive Committee between the 2nd and 3rd sessions of the CI
Convening " (USSR, 1931, N 5, pp. 49).
3. The Regulations of the University of Ukraine and the Radnarkom of the Ukrainian SSR of 5 February 1931.
" The Change of Art. 18 " The Charter of Disciplinary Responsibility
The order of the subpoena " (USSR, 1931, N 3, pp. 35).
4. The Decree of the WZCC and Radnarkom of the Ukrainian SSR of 25 September 1931.
" On the Granting of the Statute of the Judiciary of the UFRA in the 1931 edition
(The USSR, 1931, N 35, pp. 280).
5. The Regulations of the WZCC and the Radnarkom of the Ukrainian SSR of November 20, 1932
Oh. " On the conditions of civil aviation and civil workers
(The Soviet Union, 1932, N 31-32, pp. 191).
6. The Decree of the University of WZCC and Radnarkom of the Ukrainian SSR of December 20, 1932.
" On the Change and Completion of the Statute of Disciplinary
The responsibility of the order of the subordinates " (OF THE USSR, 1933, N 1,
7. Paragraphs 3 and 6 of the "Strengthening of the labour discipline"
The Fifth Session of the National Convention on 12 February 1933. " About
Approval of the states adopted between III and V sessions
The WCDC that, on the basis of art.35 of the Constitution of the UFRA, should approve
CZ (USSR, 1933, N 12, pp. 143).
8. Decree of the Presidium of the Supreme Soviet of the Ukrainian SSR of 23 November 1956.
" On Amendments to Disciplinary Responsibility
Of the Order of the Supreme Soviet of the USSR, 1956, N
9, pp. 152).

President of Ukraine
Um ... Kiev, 18 February 1992
N 2134-XII