Collective Agreement as a Tool for Social Dialogue between Employers and Employees

Abstract

Ongoing transformation in labor relations driven by digitalization and modernization requires updated mechanisms of social dialogue. Rising inequality, the emergence of new forms and models of employment, and pressures from the global competitive environment create a need to improve the regulation of interactions among stakeholders in labor relations.

The aim of this study is to identify and synthesize theoretical approaches to the legal nature of collective agreements, assess their effectiveness within social dialogue, and determine factors that impair the efficiency of contractual processes.

The methodological framework includes comparative legal, systemic structural, and formal legal methods, which allow for a comprehensive assessment of legislative changes, an analysis of scholarly positions presented by domestic and international researchers, and an examination of the practical functioning of collective bargaining regulation.

The findings indicate that collective agreements in Ukraine combine both normative and contractual features. Misalignment in the content of agreements undermines their capacity to address fundamental issues related to wages and labor organization. In addition, the effectiveness of agreements is limited by bureaucratic negotiation procedures, duplication of legislative provisions, and weak representation mechanisms. Digitalization of labor processes and the expansion of new employment formats associated with digital platforms create additional barriers for contractual regulation, which further underscores the need to modernize social protection programs. International experience shows that during periods of emergency and crisis, collective agreements function as important tools for maintaining employment and stabilizing labor relations.

The study substantiates the need to strengthen the institutional capacity of parties involved in social dialogue, improve compliance monitoring, and expand opportunities for local rulemaking. Recommendations include enhancing the functions of trade unions, increasing transparency in negotiation processes, and developing tools for evaluating the effectiveness of existing agreements.