LABOUR DISPUTES JURISDICTION AND ITS INFLUENCE ON THE THEORY OF LABOUR LAW

Abstract

The court's jurisdiction with regard to employment disputes is a new and unexplored aspect of the application of current labour legislation. The transformation of social and economic relations, an extensive system of specialized courts and the change of established approaches to the subject matter of labour law fundamentally modify the perceptions of labour law's place and role in the legal system of Ukraine. It leads to a reconsideration of traditional approaches to the jurisdiction in general and to the jurisdiction over labour disputes in particular. The main research method is an analytical method that has been used to analyse and categorize legal conclusions of the Great Chamber of the Supreme Court and to identify the relationship between them and the theory of labour law. The principal outcome of the research is that established approaches to the subject matter of labour law are now dated and bound to decline. The current case law of the Supreme Court continues to be in the forefront of changes concerning the application of the law and it also has a significant impact on the basis of labour law. The labour disputes nowadays can be resolved within the civil jurisdiction (based on a labour agreement), the administrative jurisdiction (labour relations in the public service) and the commercial jurisdiction (the appointment and dismissal of directors in companies). Before, the Great Chamber identified a number of labour disputes that should be settled within the alternative dispute resolution procedure.