Current issues in the enforcement of decisions of labor arbitration and other bodies for the resolution of collective labor disputes

The article is devoted to the study of topical issues of enforcement of decisions of labor arbitration and other bodies for the resolution of collective labor disputes. The author notes that today the system of collective labor dispute resolution bodies includes two bodies - conciliation commissions and labor arbitration. The enforcement of decisions of these bodies is conditioned by their legal force. The study of the legislation revealed that, formally, the decisions of conciliation commissions and labor arbitration are legally binding, but in fact they do not have such legal force. Although these decisions are binding on the parties, there is no real liability for non-compliance. To enhance the authority of acts of labor arbitration and conciliation commission, the author proposes to implement the possibility of their enforcement, namely, to develop and enshrine in legislation the procedure for applying for their enforcement and the procedure for such enforcement itself. The article also analyzes the draft Law on Collective Labor Disputes No. 12034 dated September 16, 2024. The author concludes that it provides for mandatory enforcement of all acts which finalize the resolution of a collective labor dispute, and as regards decisions of labor arbitration, it provides for their enforcement through the mechanism of obtaining a writ of execution in court. In order to improve the legal regulation of mediation in Ukraine, the article also proposes to provide for enforcement of agreements resulting from mediation. When studying the body authorized to issue an enforcement document to enforce labor arbitration awards, the proposal to have the National Mediation and Conciliation Service issue such a document was supported. This will increase the authority of this Service and will be more efficient. The author also pointed out the imperfection of certain provisions of Draft Law No. 12034, caused by the specific composition of the parties to a labour dispute on the employees’ side, and proposed to harmonize its provisions with the provisions of the Law of Ukraine «On Enforcement Proceedings». In order to improve the procedure for enforcement of labor arbitration awards, the author suggests that the provisions of the Law of Ukraine «On Enforcement Proceedings» should also be improved. The author suggests that the Law «On Enforcement Proceedings» should provide for a separate independent section or at least a separate independent article on the specifics of enforcement of labor arbitration awards.