Legal basis for ensuring social dialogue in Ukraine during martial law

Abstract

One of the priority directions for the development of labor law in Ukraine is the adaptation of the legislation, which defines the legal basis of social dialogue, to the legal principles of the EU. At the same time, guaranteeing the possibility for the parties to the employment relationship through a combination of legal forms of social dialogue, such as the exchange of information, various consultations, conducting conciliation procedures, collective negotiations, to reach real agreements between the parties to the legal relationship, while ensuring decent work and protection of the right to work.
The purpose of the study was to analyze the current problems, the legal foundations of the organization and the procedure for conducting social dialogue in Ukraine, in order to develop proposals for improving the conduct of social dialogue and the implementation of the decent work program in Ukraine in the war and post-war period.
Applying the defined forms of social dialogue, the subjects of social dialogue must systematically update labor legislation, and based on the results of collective negotiations, conclude and revise collective contracts and agreements: at the national level - a general agreement; at the branch level - branch (inter-branch) agreements; at the territorial level - territorial agreements; at the local level - collective agreements. It is they, through the contractual regulation of labor, in the period of martial law and the post-war period, along with the Labor Code of Ukraine, they should establish guarantees for ensuring decent work, which would limit the rights of workers as little as possible, determine the rights and obligations of employers in accordance with European social standards. Another direction of the development of social dialogue during the period of hostilities should be aimed at the development of small and medium-sized enterprises.
Taking into account the current conditions of martial law in Ukraine, social dialogue should be carried out in accordance with the decent work program for Ukraine, which was developed in accordance with the defined Sustainable Development Goals of Ukraine until 2030, as global goals for the sustainable development of countries until 2030, and the results of their adaptation with taking into account the specifics of Ukraine’s development.