Reform of collective bargaining in Ukraine

After being criticised for passing legislation and introducing draft legislation that is at odds with the body of EU law (the “acquis communautaire”) and with trade union rights (see IR Notes 201 and IR Notes 191), the Ukrainian authorities seem to be modifying their position. Parliament did in fact pass Draft law 7628 on 23 February – covering Ukraine’s so-called “European integration” as regards “collective labour agreements and contracts”, reforming the previous 1993 legislation governing collective bargaining and social dialogue (see press release issued by the Ministry of the Economy). The text has to be signed by President Zelensky to allow it to enter into force. The government says that the law has been approved by the social partners and ILO experts. The text makes it easier for non-representative or newly created trade unions to access collective bargaining; it establishes an interface between the various levels of collective agreements (territorial, branch, company, etc.); and it allows the signatories of a collective agreement to suspend certain provisions in the event of force majeure. Furthermore, this text transposes two EU directives into Ukrainian law: firstly Directive 2001/23/EC of 12 March 2001, which protects employees in the event a company is transferred; and secondly Directive 91/533/EEC of 14 October 1991, which relates to an employer’s obligation to inform employees of the conditions applicable to their contract or employment relationship. Consequently, its Parliament emphasises that “Ukraine is steadily continuing to bring its own legislation closer to EU legislation, norms and practice in the areas of employment, social policy and equality of opportunity”.