Can a person be prosecuted for not concluding or not having a collective agreement?
Can a person be prosecuted for not concluding or not having a collective agreement?
The legislation of Ukraine does not contain norms that provide for responsibility for the absence of a collective agreement.
Administrative and disciplinary liability is threatened only for violation of the requirements of the legislation on the procedure for concluding and implementing collective agreements:
for evading participation in negotiations regarding the conclusion, change or addition of a collective agreement;
for violation and non-fulfillment of the collective agreement;
for failure to provide information necessary for collective negotiations and control.
Article 17 of the Law of Ukraine "On Collective Agreements and Agreements" and Article 41-1 of the Code of Ukraine on Administrative Offenses provide for the administrative liability of persons representing owners or bodies authorized by them for evading participation in negotiations regarding the conclusion, amendment or addition of a collective agreement, agreement, intentional violation of the legally established deadline for the start of such negotiations or failure to ensure the work of the commissions of representatives of the parties or conciliation commissions within the deadline determined by the parties to the negotiations in the form of a fine of three to ten tax-free minimum incomes of citizens. The specified persons also bear disciplinary responsibility up to the point of dismissal.