According to experts, the new labor legislation will destroy independent trade unions in Ukraine and will contribute to the maximum outflow of the able-bodied population from the country.
The current session of the Verkhovna Rada of Ukraine, which will last until the end of July, can become truly epoch-making, since it is on it that it is planned to adopt laws on the free land market and on pension reform, as well as laws that give start to the reform of the medical system and the new Labor Code of Ukraine.
In the opinion of government representatives, it is with the adoption of the new labor legislation that there should be no obstacles. Moreover, in the information space the thesis that the country can not live according to the laws that were adopted in the 70s of the last century.
Experts at a press conference at RIA Novosti Ukraine discussed what new Ukrainian workers and employers expect from the adoption of the new Labor Code and who is its beneficiary.
A set of slogans As the president of the Ukrainian Analytical Center Alexander Okhrimenko noted, indeed, the Ukrainian labor legislation is practically impossible to compare with the labor legislation of European countries, but this does not mean that the adoption of the new Labor Code will automatically create a European labor market in Ukraine.
"Based on the option that can be read, it seems that this Labor Code was written by people who have never worked at work. Of course, the TC is a huge document, there are so many slogans and such a huge amount of things that can not work in Ukraine. It works in Europe, but the European market has not even come to this for a decade, some have even gone centuries. For this reason, we expect that at the moment we are adopting the Code and we instantly market "whitewashed", all work only legally, transparently, clearly - not realistically. Therefore, this Labor Code has a declarative nature, unfortunately, instead of wearing a reformatory one, "said Okhrimenko.
Without trade unions, nothing will work. According to him, this Code does not really strengthen the rights of employers or the rights of workers, as it will not be realized, and only imitation of the fulfillment of the conditions of this legislation will occur.
"Why does the labor code work better in Germany than in Ukraine? The trade union. In France - the trade union, in England - the trade union, in the USA - the trade union. The labor code without normally functioning trade unions can not work. In TC there are a lot of nuances that the employer can force to do only the union. Collective agreements are the greatest profanation without trade unions, "the expert explained..
The expert is convinced that all the stories that the new labor legislation is returning serfdom to Ukraine are nothing more than horror stories.
"Even if they vote for him now, there will not be a miracle. And there are not any excessive powers from the perspective of the employer. And now there is a serfdom, all the same it is: there are processing, and inadequate wages and the problem of harmful industries. And to say that now the Labor Code will implement this, and before this did not exist - not correctly. Moreover, there is a report of the International Monetary Fund, true for 2014, in which they explained why Ukraine has a lot of salaries in an envelope. According to their conclusion, the reason in the Labor Code, it turns out, we have very large holidays - it's bad, we have sick leave benefits - it's bad, and our employer is not protected in case of staff reduction and dismissal. And if this is corrected, we will not have a shadow economy. Well, these humorists are really ridiculous, and therefore their recommendations do not work for us, "Okhrimenko said..
In Advantage, Officials of the Public Security Fund Yuri Gavrilechko sure that the new labor legislation will benefit only corrupt officials.
"The abundant number of norms, and in the draft they are really written as slogans and good intentions, it gives the possibility that the inspectors of the Ministry of Social Policy, that the courts, whatever and how you want to interpret its norms. Therefore, all those changes that are now made to the Labor Code, it's not a new version of it, but it's a lot of changes that are still superimposed on the old Soviet base. This is not a new edition of the Labor Code, it is an old labor code with a certain modern marafet, so, except for corrupt officials, it is no longer profitable to anyone, "said Yuri Gavrilechko.
However, as the expert emphasized, the new TC lacks a completely separate book that regulates the activity of trade unions, and therefore, most likely, in the absence of a legislative base, effective trade unions in Ukraine will not appear.
"In a country where the surplus of labor, in which even official unemployment fluctuates at the level of 10%, and in reality it is most likely to be selected to a quarter of the able-bodied population, the absence of trade unions will lead to three basic things. Those who know something, are able and are more or less socially mobile, will leave this country. Those who do not know can not, join the category of either bandits or homeless people. The rest will be forced to somehow negotiate with the employer about the salary from the category of "how to arrange" or "how much will be given". There are no other options, unfortunately, at all, "Gavrilechko said, adding that the settlement of labor disputes in court will allow the judicial system to draw money out of all the participants in the process.
All in court As the leading researcher of the Institute of Demography and Social Studies of the National Academy of Sciences of Ukraine Lydia Tkachenko believes, one should not be afraid of fearing courts to solve labor disputes - this is our future, whether we like it or not.
"In many countries there is even a separate judicial link - the so-called" labor courts ", and by the way, the International Labor Organization promotes the idea of ??these courts. Since, indeed, labor issues should be considered by the specialized branch of the judiciary, which will make decisions promptly and will specialize in this, and in that case more people will turn to defend their labor rights in courts. We still believe that if you went to court, then immediately prepare to be fired, but in fact it should be a normal practice. But we must understand that the Labor Code, no matter how huge it was, will not be able to regulate absolutely everything, "said Tkachenko.
Destruction of trade unions Chairman of the All-Ukrainian Independent Trade Union "Zahist prati" Oleg Vernik insists that the new Labor Code returns serfdom to Ukraine.
"The only and profound task of the adoption of this Labor Code is the issue of reducing the costs of employers, and to minimize the cost of labor in Ukraine. At the same time, customers do not understand a very simple thing: if these processes are accompanied by the processes of European integration - visa-free regime, simplification of obtaining work visas in the same Poland - this will not lead to the maximum reduction of the cost of Ukrainian labor in Ukraine, so that mythical investments will be made, but will contribute The outflow of labor from Ukraine, "said Oleg Vernik.
According to him, the realities are such that in a situation where trade unions are deprived of the rights and opportunities to protect people of labor, all independent trade unions will simply be destroyed by the adoption of this document.