Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ukraine (Ratification: 1956)

The Committee notes the observations of the Confederation of Free Trade Unions (KVPU), received on 29 August and 23 September 2025, referring to the matters addressed below.

The Committee also notes the joint observations of the Federation of Trade Unions of Ukraine (FPU) and the Confederation of Free Trade Unions (KVPU), received on 12 October 2022, as well as the observations of the KVPU, received on 29 August and 23 September 2025, on the application of the Workers’ Representatives Convention, 1971 (No. 135).The Committee notes that the mentioned unions allege that Law No. 2434-IX on Amendments to Some Legislative Acts Regarding the Simplification of the Regulation of Labour Relations in the Sphere of Small and Medium-Sized Enterprises and the Reduction of the Administrative Burden on Businesses: (i) undermines the role of collective agreements in enterprises with less than 250 employees; and (ii) weakens the protection against anti-union discrimination through the addition of new section 49-8 to the Labour Code which allows employers to dismiss employees at their discretion. The Committee requests the Government to provide its comments in this respect.

Legislative issues. In its previous comments, the Committee noted that the Government was working on a draft Law on Labour intended to replace the current Labour Code. The Committee notes the Government’s indication that: (i) since January 2024, the Ministry of Economy has held a series of consultations on the draft Law on Labour with the relevant executive authorities, the Mission of Ukraine to the European Union, the ILO Ukraine Country Office, and joint representative bodies of trade unions and employers at the national level; and (ii) the draft Law on Labour, which includes two books that will regulate collective labour relations, is being finalized and prepared for approval by the executive authorities and social partners. The Committee, further notes that the KVPU affirms that several provisions of the draft Law on Labour are not in conformity with international labour standards and were the subject of ILO technical comments recommending their revision. Taking due note of the above, the Committee expects that, in consultation with the social partners and based on the continuing technical assistance of the ILO, the draft Law on Labour will be adopted shortly, and that the new legislation will be in full conformity with the Convention. The Committee requests the Government to transmit a copy of the Law once adopted.

The Committee also noted that, pending the adoption of the Law on Labour, section 49 of the Labour Code allowed individual contracts to prevail over collective agreements in enterprises employing less than 250 persons, and it requested the Government to amend this provision. The Committee notes the Government’s indication that no relevant amendments were made to the Labour Code, and that Law No. 2434 on Amendments to Some Legislative Acts regarding the Simplification of the Regulation of Labour Relations in the Sphere of Small and Medium-Sized Enterprises and the Reduction of the Administrative Burden on Businesses, which added the above-mentioned provision, will only expire upon the termination of martial law. The Committee notes that the KVPU also states that no amendments to Law No. 2434 have been initiated or made by the Government. The Committee recalls once again that the obligation to promote collective bargaining set out in Article 4 of the Convention requires that the individual negotiation of the terms of the contract of employment cannot derogate from the rights and guarantees provided in the applicable collective agreements, on the understanding that contracts of employment can always set out more favourable terms and conditions of work and employment. The Committee reiterates its request that the Government take the necessary measures to amend section 49 of the Labour Code in order to ensure that a negotiation with individual workers is not detrimental to collective negotiation with trade union organizations. The Committee requests the Government to provide information on all steps taken to that end.

The Committee previously noted the allegation of the Federation of Trade Unions of Ukraine (FPU) and the KVPU that Law No. 2136-IX on the Organization of Labour Relations under Martial Law allowed employers to suspend certain collective agreement provisions for the period of martial law, as well as the Government’s indication that restrictions on rights and freedoms could be established in conditions of war or state of emergency under article 64 of the Constitution, and it encouraged the Government to review Law No. 2136-IX with a view to limiting the impact and duration of these measures. The Committee notes the Government’s indication that Law No. 4582-IX on Amendments to Article 11 of the Law of Ukraine on the Organization of Labour Relations under Martial Law, which was adopted on 21 August 2025: (i) provides that the effect of collective agreement provisions may only be suspended by mutual consent of the parties in the manner specified by such agreements; and (ii) allows the parties to collective agreements to conduct negotiations on the renewal of provisions that had been suspended previously and to jointly decide on reinstating their validity. The Committee also notes that the KVPU, in its 2025 observations, does not refer to Law No. 4582-IX, but states that between July 2022 and May 2025, Law No. 2136-IX was amended on three occasions, and these amendments did not eliminate the violations of the Convention. Welcoming this positive step, the Committee requests the Government to: (i) monitor the application of Law No. 4582-IX with the most representative workers’ and employers’ organizations; and (ii) provide information on the impact of the Law, indicating in particular the frequency of situations where clauses that had been previously suspended have been reinstated as a result of negotiations between the parties to the relevant collective agreements.

The Committee also noted the allegation of the FPU and the KVPU that draft Law No. 2682 on Strikes and Lockouts proposed to exclude the collective labour disputes procedure from the legislation so as to resolve all disputed issues via the strike procedure, and requested the Government to engage with the social partners with a view to ensuring that any draft legislative reform considered for adoption by Parliament was in full conformity with the Convention. The Committee welcomes the Government’s indication that a draft Law on Collective Labour Disputes, which was prepared by a tripartite working group and registered in the Verkhovna Rada (the Parliament), proposes effective legal and organizational principles to regulate the collective labour disputes procedure, as well as a modern mechanism for resolving such disputes through conciliation and arbitration. The Committee also notes that the KVPU, in its 2025 observations, reiterates its concerns regarding draft Law No. 2682. The Committee expects that the draft Law on Collective Labour Disputes will be in full conformity with the Convention and requests the Government to provide a copy of the Law once adopted.

The Committee previously requested the Government to provide its comments on allegations of violations of the Convention in practice, including acts of anti-union discrimination and interference, submitted by the KVPU in 2017 and 2018, the International Trade Union Confederation (ITUC) in 2018, and the FPU in 2018. The Committee notes that the Government states that in March 2025, it requested further information from the FPU and the KVPU in this regard but has not yet received such information. The Committee once again requests the Government to provide its comments on these allegations.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee previously noted the Government’s indication that Law No. 2937-IX on Collective Agreements and Contracts, which was adopted on 23 February 2023 and will enter into force six months after the termination of martial law, provided protection against discrimination. The Committee observes that while section 3 of Law No. 2937-IX lists “non-discrimination” as one of the basic principles of collective bargaining, the Law does not contain any specific provisions prohibiting acts of anti-union discrimination. Emphasizing the need to adopt specific legislative provisions in relation to anti-union discrimination, the Committee requests the Government to indicate whether other laws or regulations contain provisions explicitly prohibiting acts of anti-union discrimination and providing for effective procedures and dissuasive sanctions against such acts.

Article 2. Protection against acts of interference. The Committee also noted the Government’s indication that Law No. 2937-IX provided protection against anti-union interference. The Committee observes that section 6 of the Law prohibits interference in the lawful activities of employers’ and workers’ organizations with respect to collective bargaining. The Committee notes, however, that this provision has a limited material scope (collective bargaining) and seems not to be accompanied by specific procedures or sanctions to ensure its respect. The Committee requests the Government to take the necessary measures to amend Law No. 2937-IX to ensure that specific and sufficiently dissuasive sanctions are applicable to the acts of interference covered by section 6, and to provide additional information, once the Law is in force, regarding the length of the procedures to treat complaints against such acts. The Committee also requests the Government to indicate whether other laws or regulations contain provisions ensuring the prohibition of all acts of anti-union interference and providing for effective procedures and dissuasive sanctions in this regard.

Article 4. Promotion of collective bargaining in practice. The Committee notes that the Government indicates that new official data from the State Statistics Service on the number of collective bargaining agreements is not available due to martial law, and therefore repeats that, as of 31 December 2021, 43,154 collective agreements covering 5,064,400 workers (70.2 per cent of the registered number of full-time employees) had been concluded and registered across Ukraine. The Government adds that 96 sectoral and two intersectoral agreements, as well as 28 territorial agreements, have been concluded at the regional level. The Committee requests the Government to continue to make all possible efforts to provide information on signed collective agreements, the number of workers covered by such agreements and the sectors concerned.