Journal Article

Application of alternative methods for resolving labor disputes at industrial enterprises under martial law

Makarenko, N. A, Doroshenko, V. A, Ustinova-Boychenko, H. M, Makarenko, O. Y, Panova, I. V

2025

Overview

Purpose. To analyze the legal grounds for the use of alternative methods for resolving labor disputes, the advantages of each and their effectiveness. If specific methods are chosen, to propose amendments to the current legislation to resolve the problems of enterprises and employees. Methodology. The study of the problematic issues of alternative forms of labor dispute resolution was carried out through research and evaluation of Ukrainian legal acts; theoretical analyses of experts in the relevant fields; and analysis of international labor law. Findings. The authors identify the problem of irrational and therefore inefficient use of time by courts to resolve labor disputes. It is proved that these problems are multiplied by the insufficient number of judges. It is argued that employers’ ignoring the research problem has deepened the crisis in the settlement of relations with employees. The authors identify alternative forms of labor dispute resolution, including the possibility of increasing the use of mediation as a way to resolve labor disputes. Originality. For the first time, a comprehensive analysis of the use of alternative methods of labor dispute resolution at industrial enterprises of Ukraine under martial law was carried out. The authors identify the peculiarities of martial law’s impact on the personnel policy of large enterprises, the problem of labor shortage, and the need to adapt labor dispute resolution mechanisms to the new socio-economic conditions. The scientific understanding of the possibilities of using mediation procedures for individual and collective labor disputes has been expanded. The authors have further developed the rationale for amending the legislation of Ukraine, in particular the Law “On the Procedure for Resolving Collective Labor Disputes (Conflicts)”, by supplementing its provision on the mandatory nature of primary mediation before applying to a conciliation commission or a commission for consideration of individual labor disputes. Practical value. The introduction of mediation procedures into labor law as an alternative method for dispute resolution may become an effective tool for reconciliation of parties to labor disputes, reducing financial, time and human costs. The authors propose to supplement the Law of Ukraine “On the Procedure for Settlement of Collective Labor Disputes (Conflicts)” with a clause on the possibility of conducting a mediation procedure before raising the issue of appointing a conciliation commission.

• Publisher: State Higher Educational Institution \"National Mining University\"
• Subject: Dispute resolution / Economic activity / Economic conditions / Effectiveness / Employees / Labor / Labor disputes / Labor law / Labor relations / Legislation / Martial law / Mediation / Socioeconomics