Decision of the Constitutional Court of Ukraine concerns the constitutionality of provisions of the Law of Ukraine “On the Procedure for Resolving Collective Labor Disputes (Conflicts)” regarding mandatory pre-trial settlement of labor disputes. Structurally, the decision consists of an analysis of constitutional norms on the right to judicial protection, international standards for resolving labor disputes, and an assessment of the challenged legal provisions for compliance with the Constitution of Ukraine. Key provisions of the decision:
• Mandatory pre-trial procedure for resolving collective labor disputes through a conciliation commission and labor arbitration is constitutional
• Such a procedure does not deprive the parties of the right to further appeal to court if the dispute is not resolved in the pre-trial procedure
• Pre-trial settlement is an additional mechanism for protecting the rights of the parties, and not a limitation of the right to judicial protection
The most important practical significance: The Constitutional Court of Ukraine confirmed that the parties to a collective labor dispute are obliged to first use conciliation procedures, but retain the right to go to court if the dispute could not be resolved in the pre-trial procedure.
