Participation of Trade Unions in the Procedure of Mass Dismissal of Employees: International Experience and National Prospects

The article is devoted to topical issues of legal regulation of participation of trade unions in the procedure of mass dismissal of employees. The author emphasises that legal regulation of collective dismissals requires additional regulation in view of the social and economic challenges that arise as a result for employees. The author determines that the protective activities of trade unions should play an important role in mass dismissals, the essence and purpose of which is to minimise the negative impact of market factors on the decline in the quality of life and work of employees. The author examines the acts of the International Labour Organization and the European Union Council Directive on collective dismissals, which impose on employers the obligation to consult with employee representatives and respond to their proposals. Based on the analysis of the legislation of a number of European countries, the author focuses on strengthening the protection of employees by involving their representatives, holding consultations and establishing requirements for the mechanism of such dismissals. It is noted that as part of the implementation of the Association Agreement, Ukraine has undertaken to approximate its national legislation to the seven EU directives on decent work, social policy and social dialogue, and, as a result, the amendments to the Labour Code of Ukraine and the Law of Ukraine «On Employment of the Population» partially take into account the requirements of mandatory consultations with trade unions (employee representatives) in case of mass dismissals of employees provided for by EU acts. At the same time, the authors emphasise that consultations with trade unions on measures to prevent or minimise dismissals should not only be formal, but also aimed at mitigating the adverse effects of dismissals. The author proves that regulation of the procedure for dismissal of employees with the involvement of trade unions in this procedure allows for additional protection of vulnerable groups of the population, and for the employer, participation of trade unions in the dismissal procedures is a preventive measure which minimises its financial costs in case of violation of the dismissal procedure.