THE LEGAL STATUS OF TRADE UNIONS IN THE FORMATION OF THE SYSTEM OF SOCIAL PARTNERSHIP IN UKRAINE

Abstract

The problem of determining the role of trade unions in social partnership relations and when concluding collective agreements and agreements in modern conditions of the market economy is poorly researched and consists of former improvement. In the activity of trade unions of Ukraine, the scope and content of their rights regarding the regulation of labor relations, significant changes have recently taken place, which are connected with the transition of our country to a market economy with a social focus. Thus, the right to join a trade union provides for the right of citizens of Ukraine on the basis of free expression of will without any permission of state bodies to create trade unions, to join them and leave them under the conditions and in the order determined by their statutes, to participate in the work of trade unions. This right is enshrined in Art. 6 of the Law of Ukraine dated September 15, 1999 "On Trade Unions, Their Rights and Guarantees of Activity" [1]. Many scientists paid attention to the definition of the concept of "professional unions". For example, V. Prokopenko notes that as an association of workers based on their professional affiliation, trade unions are voluntary public organizations that unite citizens linked by common interests based on the type of their professional activity, with the aim of representing, implementing and protecting their labor, socio-economic and other rights and interests.[2] Trade unions, says O.I. Protsevsky, first of all, the association of working people, as a rule, on the basis of professional interests, the essence of which determines production and which arise during the operation of labor relations [3]. The right of workers to create trade unions and join them in order to protect their interests was provided for by International Labor Organization Convention No. 87 on Freedom of Association and Protection of the Right to Organize, adopted in 1948. It was also established in Art. 36 of the Constitution of Ukraine, Part 3 of which states that citizens have the right to participate in trade unions in order to protect their labor and socio-economic rights and interests.