The National Mediation and Conciliation Service is a permanent state body [3] established in 1998 by the President of Ukraine to prevent chaos and facilitate the resolution of collective labor disputes and conflicts through reconciliation [2]. This body was formed as part of reforms in socio-economic relations. Its creation was a lifeline for employees who had suffered injustice at the hands of business owners and could now fight to protect their rights. Thus, the newly created body was designed to steer conflicts in the right direction.
It should be noted that such services have been operating in other countries around the world for a long time. Comparing the National Mediation and Conciliation Service in Ukraine with foreign mediation and reconciliation services, primarily in EU member states, it can be said with confidence that their common features are that they all focus their activities on promoting the improvement of labor relations, differing only in the certainty of their legal status.
In performing its duties, the Service is independent of any bodies or organizations representing the interests of labor collectives, but merely cooperates with them.
Table 1 lists the main tasks of the service, and Table 2 lists some of the causes of labor disputes.
Table 1 – Main tasks of the service
Table 2 – The main causes of collective labor disputes
First of all, when disagreements arise, the workforce must set out their demands in writing. These are then submitted for review and adopted by vote. More than half of the workforce must agree. Then, the appeal is forwarded to the owner of the enterprise. When the employer provides a written refusal to fulfill the demands put forward by the employees, or the period specified by law for a response expires without result, the collective labor dispute is considered to have begun.
The employer or its authorized body, the relevant executive authorities, local government bodies at the location of the enterprise, and the National Mediation and Conciliation Service shall be notified of the commencement of the dispute. If the notification procedure is violated, the conflict does not exist legally [1].
Collective labor disputes are registered at the state level. Under Ukrainian law, this function is entrusted solely to the National Mediation and Conciliation Service, which provides assistance in resolving such disputes.
To predict the risks of conflict escalation, the service conducts a systematic analysis of social and labor relations and the state of collective disputes in various industries.
It should be noted that the service also sends relevant requests in situations where employees' claims relate to the powers of executive authorities or local self-government bodies. The law obliges such bodies to provide a reasoned response within a specified period.
Thanks to the cooperation of the National Mediation and Conciliation Service with employers' organizations, trade unions, and other bodies and organizations, as well as the correct and timely use of negotiation and conciliation measures, it is possible to prevent situations from escalating.
Today, the activities of the National Mediation and Conciliation Service are becoming even more relevant in the context of the development of new forms of employment. The use of digital technologies in the process of communication and dispute registration allows for a more rapid response to conflicts, while cooperation with international institutions contributes to the introduction of modern European practices in the field of social dialogue.
References:
1. Конституція України. Розділ II. Права, свободи та обов’язки людини і громадянина: від 28.06.1996р. – № 254к/96-ВР (ред. 01.01.2020р.) URL: https://protocol.ua/ua/konstitutsiya_ukraini/ (дата звернення: 22.09.2025).
2. Положення про Національну службу посередництва і примирення: Указ Президента України від 17.11.1998 № 1258/98, Київ. URL: https://zakon.rada.gov.ua/laws/show/1258/98#Text (дата звернення: 22.09.2025).
3. Про утворення Національної служби посередництва і примирення: Указ Президента України від 17.11.1998 № 1258/98, Київ. URL: https://zakon.rada.gov.ua/laws/show/1258/98#Text (дата звернення: 22.09.2025).
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