INSTITUTIONAL BASIS OF SOCIAL DIALOGUE IN THE PUBLIC ADMINISTRATION OF UKRAINE

Abstract

The article highlights the main components in the structure of social dialogue, its parties and subjects, levels, forms and subject. Along with this, the main tasks of social dialogue are analyzed: protection of social justice; strengthening of democracy by providing the participants of the social dialogue with equal opportunities in the formation of social and economic policy. The study emphasizes that social dialogue as an institution of public administration plays an important role in ensuring the participation of employers and employees in the formation and implementation of social, labor and socio-economic policies. The functions that social dialogue performs in the sphere of socio-economic and social-labor relations are determined. The levels at which social dialogue is carried out are characterized - national, sectoral, territorial and local (enterprise, institution, organization). It has been proven that the participants of dialogue relations also change according to the levels. At the national level, these are all-Ukrainian trade unions created on a sectoral basis, associations of employers, which are established on a sectoral basis and have the status of all-Ukrainian, and the Cabinet of Ministers of Ukraine or central bodies of executive power. At the territorial level: trade unions of the appropriate level and organizations of trade unions, their associations operating on the territory of the relevant administrative-territorial unit, employers’ organizations and their associations operating on the territory of the relevant administrative-territorial unit, and local executive bodies that operate on the territory of the corresponding administrative-territorial unit. At the local level: primary trade union organizations, and in their absence - freely elected representatives of employees and the employer or authorized representatives of the employer. The article proves that despite significant political, economic and social reforms in Ukraine over the past five years, the current legislative and regulatory framework for social dialogue was last «updated» in 2012 with the adoption of the 2010 Law on Social Dialogue. The current version of the Law, with minor changes, was adopted on May 12, 2022. Currently, several contradictory provisions coexist in the legislative framework regulating certain aspects of social dialogue. After all, in addition to the Law on Social Dialogue, a number of laws and normative legal acts contain provisions relating to various aspects of relations between participants in socio-economic relations.