C A C U A TO R S
On Amendments to the Code of Laws of Ukraine in relation to the adoption of the Law of Ukraine " On professional
unions, their rights and guarantees of the activities "
(Information of the Verkhovna Rada of Ukraine (VR), 2001, N 21, pp. 104)

Verkhovna Rada of Ukraine Oh, I am. :
I. Bring to the Code of Laws on the Law of Ukraine 322-08 )
(Information of the Supreme Council of the Ukrainian SSR, 1971, appendix to N 50, st. 375;
In 1981, N 32, pp. 513; 1983, N 6, pp. 87; 1985, N 11,
Oh, 205; 1986, N 27, pp. 539; 1988, N 23, pp. 556; 1991,
N 23, st. 267; Assembly of the Supreme Council of Ukraine, 1992, N 22,
Oh, 302; 1993, N 6, pp. 35; 1994, N 3, pp. 9, st. 10,
Oh, 16; 1995, N 5, pp. 30, N 28, st. 204) such changes:
1. The text of Article 12 is set out in this edition:
" The Collective Agreement is concluded between the owner or the
an authorized body (person), on one side, and
union organizations that act according to their
the statutes, and in the case of their absence-representatives, freely
Chosen at the general assembly of hired workers, or
The authorities, on the other hand.
If active in the institution, the organization is created several
union organizations, they must be in proportion to the proportionate
representation (according to the number of members of each union)
organizations) to form a united representative body for the
the collective bargaining agreement. In this case, every union
the organization has to determine its specific obligations for
a collective agreement and responsibility for their failure.
Union Organization, which refused to participate in the combined
the representative body, deprived of the right to represent
the interests of workers when signing a collective agreement. "
2. Article 19:
in part one word "or authorized by them"
representatives to "replace the words" in the order defined by this
a collective agreement ";
Add an article part of the second such content:
" If the owner or the authorized body (person) has violated
the terms of the collective agreement, the unions that have concluded, have
the right to send to the owner or the authorized body (person)
the elimination of these violations, which is considered in the week
rows. In case of failure to eliminate violation or to discontinue consent in the
Labor unions have the right to challenge misconduct
the actions or the inactivity of the officials to the court. "
3. In Article 43:
part of the first complement of the words "primary trade union"
an organization whose member is a worker ";
a part of the second teaching in such an editorial:
" The union body in the fifteen-day row is considering
The obrusted writing of the owner or the authorized one
The body of the termination of the employment contract with the employee ";
complementing the article after part of the second new parts of this
content:
" The representation of the owner or the authorized body has
be considered in the presence of the employee on which it is made.
Examination trial in case of absence of a worker is allowed only
His written statement. With the request, the employee from his name can
Another person, including a lawyer. If an employee or
its spokesman did not appear at the meeting, considering the statement
deferred to the next meeting within the line defined by
Part of the second article. In the case of repeated failure of the employee
Without the most important reasons, the representation can be considered in his absence.
If the electoral body of the union organization does not form,
Consent to the dissolution of the labor treaty gives the head of the union
organizations.
The union authority reports the owner or authorized by it
the decision-making body in a three-day line
After its adoption. In case of skipping this line is believed to be
The union authority gave consent to the dissolution of the labor contract.
If the employee is simultaneously a member of several professional unions,
which act on the enterprise, in the institution, the organization, consent to its
release gives the elected authority of that union organization, until
The President of the Republic of the Republic of the United States of America
Decision of the union authority on non-submission of consent to
The break-up of the employment contract must be unloaded. "
In this regard, parts of the third and fourth are considered respectively
They're part of the eighth and ninth.
4. Article 45 of the text of the session is as follows:
" Article 45. Termination of employment contract with supervisor
Request of the union authority
At the request of the union authority or authorized by it
the body should break the labor contract with the supervisor
enterprises, agencies, organizations if it violates
Labour legislation, about collective treaties and agreements, the Law
"On professional unions, their rights and guarantees of activities"
( 1045-14 ).
If the owner is either an authority or a supervisor,
Concerning whom the demand for the dissolution of the labour force is charged
contract, disagree with this requirement, he can challenge the decision
the union authority to the court in a two-week line from the day of receiving
the solution. In this case, the requirements for the termination of the labour force
The treaty is suspended until the decision is made by the court.
In the case of the decision of the union authority not completed and not
disputed by the specified row, the union body in the same line
can appeal to the court or the inactivity of the officials
persons, bodies, to the competence of which the dissolution of the labour force
a contract with the head of an enterprise, institution, organization. "
5. Article 49-4 complements parts of the second and third of
content:
" Liquidation, reorganization of businesses, changing ownership of property
or partial stop of production, which entails a reduction
number or state of workers, deteriorating labor conditions, may
to be carried out only after the professional community.
information on this issue, including information about the causes
the following releases, the number and category of workers it is
Well, maybe it's about the lines of release. Owner or owner
the authority of the organ not later than three months since the time of adoption
the decision to conduct consultations with professional unions about the measures
concerning the prevention of liberating or taking their numbers to the minimum
or mitigating the adverse effects of any liberation.
Professional unions have the right to make suggestions appropriate
Strict or temporary termination bodies
"The number of workers involved in the release of workers".
6. Articles 243, 244, 246-252 in this edition:
" Article 243. Right of citizens to join professional unions
According to the Constitution of Ukraine ( 254k/96-PL ) and the Law
"On professional unions, their rights and guarantees of activities"
( 1045-14 ) citizens of Ukraine are entitled to the basis of free
Without any permission to create professional unions,
for the purpose of representation, exercise and protection of their labour and
socio-economic rights and interests, to join and
to leave them under conditions and in the order defined by their statutes,
participate in the work of professional unions.
The state recognises professional unions by authorized representatives
workers and defenders of their labour, social and economic rights
and interests in public administration and local government
self-government, in relations with the owner or authorized by it
as well as with other associations of citizens.
Article 244. Rights of professional unions, their associations
Rights of professional unions, their associations are determined
The Constitution of Ukraine, Law of Ukraine " About professional unions, their
rights and guarantees of activity, " by this Code, others
Legal and legal acts ".
" Article 246. Representation of workers in enterprises,
in institutions, organizations
Labour, social and economic rights and interests of workers in the
a relationship with the owner or authorized by it
enterprises, in institutions, organizations represent and protect
Professional unions.
Professional unions run their professional powers through the
their electoral bodies, and in organizations where voters are not created.
organs,-through the representative (trusted person) of the union
an organization that acts within the rights provided to it by the Law of Ukraine " On
professional unions, their rights and guarantees of activities " and statutes
Professional unions.
If active in the institution, the organization is created several
union organizations, the collective interests of workers during the
the making of the collective agreement represents the combined
representative body in the order defined part of the second
Article 12 of this Code.
Professional unions represent and protect collective bargaining.
the interests of workers regardless of their membership in professional
The unions.
Individual rights and interests of their family members
The unions represent and protect in order predicted.
legislation and their statutes.
The interests of the members of the professional union in relations with the owner
or the authorized body is represented on the basis of the system
collective bargaining and in accordance with the legislation.
Article 247. The powers of the electoral body of the union
organizations at the enterprise, in the institution,
organizations
The electoral body of the union in enterprise, in
Set up, organization:
1) concludes and supervises the execution of a collective agreement,
reports of his performance at the general assembly of the labor collective,
refer to the requirements of their respective influx to
liability of officials for non-fulfillment of the conditions of the collective
The treaty
2) together with the owner or authorized by it the body decides
The question of introduction, review and changes of the rules of labour;
3) together with the owner or authorized by it the body develops
The direct distribution of the funds of the consumption fund, takes part in the decision
the questions of payment of workers, forms and systems of payment of labour,
solved, tariff meshes, landing-laying schemes, conditions
the introduction and size of allowances, boards, prizes, rewards and
Other encouraging, compensatory payments;
4) together with the owner or authorized by it the body decides
the question of working time and time of rest, weather the graphs
{\f29 alternating } {\f29 varying } {\f29
working time, gives permission to conduct inflatable works, works in the
Weekend & etc;
5) together with the owner or authorized by it the body decides
the question of social development of the enterprise, improving the working conditions
Logistical services, health care services;
6) participates in social and economic issues,
determining and approving a list and order of providing workers
Social benefits;
7) participate in developing internal labor rules.
The order of the enterprise, institution or organization;
8) represent the interests of workers for their errands under
a review of individual labour disputes and the collective
a labor dispute, contributes to its solution;
9) accepts the decision on request to the owner or authorize
The authority to terminate the contract with the manager
enterprises, agencies or organizations if it violates
the labour law, on the protection of labour, evading participation
in negotiations to make or change collective bargaining; not
performs a commitment to collective bargaining if this election is
The trade union authority has signed a collective agreement;
(10) gives consent or refuses to consent to the dissolution of the labour force
a contract with an employee on the initiative of the owner or the authorized
An organ in cases stipulated by laws;
11) participate in the investigation of accidents,
professional diseases and accidents, in the work of the Commission on Human
Labour, exercizing control of entrepreneurship,
The institution, the harm organization inflicted by the handicapped workers
or other health care damages related to production or
Enforcement of their duties;
12) exercise public control of the execution of the owner or
Authorized by the authority of the labour legislation and the protection of the
for the enterprise, in the institution,
safe and non-harmful conditions of labour, production sanitation,
the right application of established terms of payment, requires
Elimination of detected flaws;
13) supervise the preparation and representation of the owner
or authorized by its body of documents required for
Assigning pensions to employees and members of their families;
14) supervise the provision of pensioners and disabled persons,
who worked before retirement worked at the enterprise, in the institution,
organizations, right to use equal to its employees
Available medical services, providing
Housing, recovery to health and preventive institutions and
other social services and benefits according to the statute
enterprises, institutions, organizations and collective bargaining;
15) exercise control over state social insurance.
Social security assistance,
sends workers on conditions provided by collective bargaining.
the treaty, to sanatoriums, profiles and the rest of the rest,
tourism complexes, bases and health facilities, check out
Working with the medical services organization and
Members of their families;
16) together with the owner or authorized by it
Distributes in the established order of the residential area in the houses,
constructed by funds or involving enterprises, institutions,
organizations, as well as that residential area provided by the
owner in other homes, overseeing work on
Domestic workers ' services.
The governing bodies of the union organizations operating in
enterprise, in the institution, organizations, have also other rights,
Under the Constitution of Ukraine.
Article 248. Guarantee of trade unions
To implement the powers of trade unions predicted by the Law
"On professional unions, their rights and guarantees of activities",
members of the electoral bodies of union organizations of enterprises,
institutions and organizations of the union bodies of the union, as well as
The authorized representatives of these bodies are entitled to:
1) seamlessly attend and inspect the locations of the work on
enterprise, in the institution, the organizations where the members work
Trade unions;
2) demand and receive from the owner or empowered it
the body, other official of the relevant documents, information and
Explanations concerning the conditions of work, the execution of collective bargaining,
Meeting of the Law and Social and Social Rights Legislation
Employees;
3) directly refer to oral or written form before
owner or authorized by it organ, officials from
Trade union issues;
4) check out the work of the trade, public
food, health care, children ' s institutions, hostels,
Transport enterprises and services enterprises,
which are owned or provided services to the enterprise, institution,
organizations working in trade unions;
5) place your own information in premises and on the territory
enterprises, agencies, organizations in available for workers
Locations
6) check the calculations on payment of labor and state
social insurance, use of funds on social and
Cultural events and housing.
Article 249. The duty of the owner or the authorized body
to create conditions for trade unions
The owner or authorized body is required to promote
Creating suitable conditions for the activities of trade union organizations,
You know what acting on the enterprise, in the institution, the organization.
Employment and meeting rooms with all
Necessary equipment, connectivity, heating, lighting,
transfer, transport, security provided by the owner or
mandated by it in the order provided by the collective
by the treaty.
In the presence of written statements of workers who are members of
the union organization, owner or authorized by the body
Monthly and free of charge per month
Membership union fees
in accordance with the agreement in the line defined by this
by the treaty. The owner or the authorized body is not right
Keep the money listed.
The disputes related to the failure of these duties are considered
in court order.
Houses, premises, buildings, including tenants,
For cultural and educational, health,
Cultural and sporting work among enterprise workers,
institutions, organizations and members of their families, as well as the health camps
can be transmitted on the contractual basis in use
the union organizations of this enterprise, institutions,
organizations.
Article 250. Counting enterprises, institutions,
Labour force organizations
organizations to host cultural and cultural activities
and physical work
Owners or authorized them are required
list funds for trade unionists
cultural and cultural work in size, foreseeing
collective bargaining, but not less than 0.3 percent of the payment fund
Work.
Article 251. The duty of the owner or the authorized body
provide information to trade union requests,
their associations
The owner or authorized it is required in the weekly
rows to union requests, their associations with respect to
Conditions and pay of workers, social and economic development
enterprises, agencies, organizations and the execution of collective
treaties. In case of delayed payment of wages-provide for
Request of funds from the electoral unions
in the accounts of the enterprise, the institutions, the organizations.
Article 252. Guarantees for workers of businesses, institutions,
organizations selected to union bodies
Employees of businesses, institutions, organizations chosen to
members of the elected union bodies, guaranteed opportunities for
To exercise their authority.
Changing the terms of employment contract, payment of labor, influx to
the disciplinary responsibility of workers who are members of the
of elected union bodies, allowed only by the previous
The consent of the organ they are members of. Liberation of members
the union bodies of businesses, institutions, organizations other than
general order retention is allowed by the previous agreement
the body whose members they are, as well as the above-of
unions or union, which includes trade unionists
The organization of this enterprise, institutions, organizations.
Changing the terms of employment contract, payment of labor, influx to
Disciplinary responsibility and the dismissal of managers
the union bodies of the enterprise, institutions, organizations (in
including their structural units), a proforganizer (where not
is elected by the electoral body of the trade union), except for the retention of a general
of order, allowed for the consent of the above body
the trade union, which includes the union organization of this
enterprises, agencies, organizations.
Exemption for the initiative of the owner or empowered it
the body of workers elected to the union bodies,
not allowed for two years after the end of the line
Election powers, except for complete elimination cases
enterprises, institutions, organizations, or committing an employee of actions,
under which legislation is intended for the possibility of liberation
an employee from work or service.
Employees dismissed from the exchange of them to the warehouse
Electoral unions, after the end of their line
authority is given the previous work (office) or by consent
an employee other equivalent work (position).
Members of elected union bodies are not exempt.
their production or service duties, provided on the conditions,
the collective bargaining agreement, free from work time with
Maintaining average wage for consultation
and negotiations, the execution of other public duties in the interest of
work team, as well as on the time of participation in the work of the elected
Union bodies and trade unionists, but not less than
Two hours a week.
By employees elected to the roster of elected officials
the union organization that acts on the enterprise, in the institution,
organizations are kept social benefits and encouraging,
installed for other workers for the work place according to
Legislation. On the enterprise at the expense of his funds this
employees can be given extra benefits if it ' s
There is a collective agreement. "
7. In Article 259:
The title of the article is as follows:
" Article 259. Overseeing and controlling hold
Labour legislation ";
Add an article part of the fourth of the following:
"Public control over the cost of labor legislation"
"We have professional unions and their union."
II. This Act takes effect from the day of its publication.

President of Ukraine
Um ... Kiev, 5 April 2001
N 2343-III