Liability for Violation of the Terms of a Collective Bargaining Agreement

Abstract

The article examines the theoretical and legal foundations of legal liability as a complex legal phenomenon and a multifunctional legal institution. The stages of the development of legal liability are outlined, and liability is defined both as a general social and as a legal category. It is substantiated that legal liability constitutes a normatively determined, state-guaranteed and state-enforced form of response to compliance with, fulfilment of, or violation of legal norms. Legal liability is characterised as an institution of objective law, an element of the content of legal relations, and a form of state coercion. Scientific approaches to the grounds of legal liability are summarised, including normative-legal, factual and procedural grounds. Particular attention is paid to the classification of legal liability according to the branch criterion. Its main types are identified as constitutional, criminal, administrative, civil and labour liability. Within labour law, disciplinary and material liability, including their general and special forms, are analysed. It is established that liability in labour law has a number of specific features. It is proved that liability in labour law applies both in individual labour relations arising from an employment contract and in collective labour relations regulated by a collective agreement. Violation of the terms of a collective agreement may entail disciplinary, material, administrative and criminal liability. It is concluded that liability for breach of a collective agreement should be aimed at ensuring the effective protection of employees’ labour rights. The authors propose to establish in labour legislation the employer’s obligation to initiate the conclusion of a collective agreement. Particular emphasis is placed on the fact that, under martial law, suspension of certain provisions of a collective agreement is possible only by mutual consent of the parties thereto.