Ukraine: international trade unions express concern over unravelling of labour law

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Following the provisions adopted with the introduction of martial law in Ukraine (see articles n°12971 and 13075), the weakening of labour law could this time be permanent. Deputies in the Verkhovna Rada, the Ukrainian parliament, who are continuing to work despite ongoing Russian attacks, are currently conducting the second reading of draft bill 5371, under which companies with fewer than 250 employees would be able to directly negotiate pay structure, working hours and the conditions or terms of contract termination. Such a change would mean employees of such companies, which make up almost three quarters of the Ukrainian workforce, are no longer covered by the country’s labour code. The International Labour Organization expressed concern in 2021 that the “contractual free will characteristic to the civil law is very likely to translate ‘at the employer’s discretion’ in practice”. Meanwhile, in a joint letter to the Ukrainian parliament, the International Trade Union Confederation and the European Trade Union Confederation called for the bill to be dropped. “The very fact of its discussion gives a wrong signal about the intentions of Ukraine, as a state, as regards respecting the values of the European Union, including the principles of non-discrimination and social dialogue, but also the obligations under the ratified conventions of the International Labour Organization,” write the ITUC and ETUC general secretaries, supported by Ukrainian trade unions. The supporters of the reform argue that it represents a “de-Sovietisation” of a legislative framework adopted in 1971. If adopted, the reform could have an even greater impact as 30% of Ukrainians have already lost their jobs since the start of the war, according to the ILO.

 

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