War and labor rights: Zelensky updated the mechanism of collective bargaining
11 September 16:22
President Volodymyr Zelenskyy has signed a law amending Article 11 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law”. The document is aimed at improving the procedure for suspending certain provisions of collective bargaining agreements, "Komersant Ukrainian" reports.
What rules were in force before
Prior to the adoption of the amendments, the employer had the right to suspend certain provisions of the collective agreement for the duration of martial law. This created risks for employees, as their consent was not required.
What has changed now
- provisions may be suspended only by mutual agreement of the parties;
- the procedure for suspension is determined by law and the collective agreement itself;
- within three months from the date of entry into force of the agreement, the parties are obliged to negotiate on the restoration of the suspended provisions;
- if the parties reach an agreement, the employer must notify the authority that registered the agreement within a week.
Why it is important
The new law strikes a balance between the interests of employers and employees in the difficult conditions of war. It strengthens the role of negotiation and protects employees from unilateral abolition of important social guarantees.
Possible implications for Ukraine
- reduction in the number of labor disputes during martial law;
- strengthening the position of trade unions and employee representatives;
- increased confidence in social dialog between business and employees;
- additional burden on employers in terms of coordinating decisions.
Context
on August 21, the Verkhovna Rada passed this draft law, and on September 11, it was signed by the President. This is one of a number of documents aimed at adapting labor legislation to the conditions of war.
What experts say
- Labor lawyers:
“The law reduces the risks of employer abuse and protects a minimum level of employee rights. This is an important step towards the European practice of collective bargaining.” - Trade union representatives:
“The signed document gives us back our right to vote. Now, any changes to the collective bargaining agreement must be approved with the participation of employees, not just the will of the employer.” - Economists:
“For business, this means additional bureaucracy, but also more stability in relations with staff. In the long run, this may reduce the number of labor conflicts.”
It is worth reminding that the issue of labor rights in wartime has repeatedly been criticized by Ukraine’s international partners. In particular, in 2022-2023, trade unions expressed concern about the excessive powers of employers during martial law. The adopted amendments may partially ease tensions and bring Ukrainian labor law closer to European standards of social dialogue.
