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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ukraine (Ratification: 1956)

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

Legislative issues. Trade union property. In its previous comments, the Committee noted the allegation of the International Trade Union Confederation (ITUC) that draft Law No. 6420 on the Legal Regime of Property of All-Union Public Associations (Organizations) of the Former USSR and draft Law No. 6421 on Moratorium on Alienation of Property of All-Union Public Associations (Organizations) of the Former USSR were presented to Parliament unilaterally, as well as the Government’s indication that both laws were adopted on 4 November 2022, and requested the Government to indicate whether a mutually agreeable solution was reached with the most representative workers’ organizations prior to their adoption. The Committee notes that the Government merely repeats information provided in its previous report, indicating that draft Law No. 6420 was repeatedly sent for approval to joint representative bodies of trade unions and employers at the national level, and that these laws will contribute to the establishment of a legal basis for the determination of ownership rights to the relevant property. The Committee recalls that the Committee on Freedom of Association (CFA) also examined allegations related to draft Laws Nos 6420 and 6421 in Case No. 3390 and recalled its conclusions and recommendations of Case No. 3341, where it had noted the creation of a working group to discuss possible ways to regulate the issue of trade union property and invited the Government to engage in consultations with the trade union organizations to find a mutually agreeable solution (403rd report, June 2023, para. 593). In this regard, the Committee also recalls that the protection of the assets and property of organizations are essential elements of the right of organizations to organize their administration in full freedom (2012 General Survey on the fundamental Conventions, para. 109). Emphasizing once again the importance that should be attached to full and frank consultations taking place on any questions or proposed legislation affecting trade union rights, the Committee requests the Government to provide detailed information on the impact of the new legislation on the trade union property and ownership rights.

The impact of martial law. In its previous comments, the Committee noted the allegation of the Federation of Trade Unions of Ukraine (FPU) and the KVPU that Law No. 2136-IX on Organization of Labour Relations Under Martial Law restricted the exercise of the right to organize through a number of provisions not fully justified by the conditions 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 expected that such restrictions were limited to what was strictly necessary and would cease to apply once the martial law regime was lifted. The Committee notes that the Government does not address this issue in its report. It further notes that the KVPU, in its 2025 observations, states that although amendments were made to Law No. 2136-IX on three occasions, the restrictions on the trade union rights were not eliminated. The Committee once again recalls that the Convention contains no provisions allowing the invocation of a state of emergency to justify exemption from the obligations arising under it or any suspension of their application. This is also and especially true for restrictions on civil liberties that are essential to the proper exercise of trade union rights, except in circumstances of extreme gravity and on condition that any measures affecting the application of the Convention are limited in scope and duration to what is strictly necessary to deal with the situation in question. While observing that the martial law is still in force in the country, the Committee requests the Government to review, in consultation with the social partners, Law No. 2136-IX with a view to ensuring that its provisions restricting the exercise of the right to organize are limited to what is strictly necessary. The Committee expects that the Law will cease to apply once the martial law regime is lifted.

Labour law legislation. The Committee previously welcomed the Government’s engagement with the Office with respect to a draft Law on Labour to replace the Labour Code of 1971 and requested it to provide information on developments in this regard. The Committee notes the Government’s indication that 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. It further notes the Government’s indication that the draft Law on Labour is being finalized and prepared for approval by the executive authorities and social partners. The Committee also notes that the KVPU maintains that several provisions of the draft Law on Labour do not comply 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 the draft Law on Labour will be adopted shortly, in consultation with the social partners and technical assistance of the ILO, and that the adopted legislation will be in full conformity with the Convention. The Committee requests the Government to provide a copy of the Law once adopted.

In its previous comments, the Committee noted with concern the allegations of the FPU and the KVPU that draft Law No. 2332 on Amendments to Certain Legislative Acts Concerning the Procedure for Determining the Representativeness of Trade Union and Employer Organizations in Social Dialogue Bodies; draft Law No. 2682 on Strikes and Lockouts; draft Law No. 2681 on Amendments to Certain Legislative Acts of Ukraine (on Some Matters of the Trade Unions Activity); and draft Law No. 7025 on Self-Regulatory Organizations, were introduced in Parliament without prior consultation and, if adopted, would violate the Convention by imposing state control over trade unions and by restricting their right to organize their administration and activities. It also noted that the CFA examined draft Law No. 2681 and requested the Government to engage with the social partners with a view to bringing it into conformity with freedom of association. The Committee notes the Government’s indication that drafts Laws Nos 2332 and 2682 were submitted at the initiative of members of the Verkhovna Rada (the Parliament) and included in the agenda of the 13th Session of the Rada but have not yet been considered. It further notes that the KVPU, in its 2025 observations, reiterates its concerns regarding draft Laws Nos 2332, 2682 and 2681, and states that draft Law No. 2681 was also included in the above-mentioned agenda. The Committee once again urges the Government to engage with the social partners to ensure that any draft legislation affecting their rights and interests is in full conformity with the Convention before being considered for adoption by Parliament.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee previously noted that article 127 of the Constitution prevented judges from being members of trade unions and trusted that the Government would amend this provision once the state of emergency was no longer in force. The Committee notes that the Government reiterates that the Constitution cannot be modified under conditions of war or state of emergency, as provided for in article 157 of the Constitution, and indicates that section 56 of the Law of Ukraine on the Judiciary and the Status of Judges allows judges to form and participate in public associations in order to protect their rights and interests. The Committee trusts that the Government will take the necessary measures to modify article 127 of the Constitution so as to bring the legislation into line with the Convention once the state of emergency is lifted.

Article 3. Right to organize activities and formulate their programmes in full freedom. The Committee previously requested the Government to amend section 19 of the Law on the Procedure for Settlement of Collective Labour Disputes so as to ensure that if the national legislation required a vote before a strike could be held, account was taken only of the votes cast and the majority was fixed at a reasonable level. It welcomed the Government’s indication that a tripartite working group was preparing a draft Law on Collective Labour Disputes and requested the Government to specify the manner in which its comments had been reflected in the draft. The Committee notes the Government’s indication that section 39 of the draft Law on Collective Labour Disputes provides that the decision to declare a strike is considered adopted if at least half of the employees (conference delegates) voted for it, and that the draft Law was registered in the Verkhovna Rada. The Committee trusts that the draft Law on Collective Labour Disputes will be adopted in the near future and requests the Government to transmit a copy of the law once adopted.

The Committee also requested the Government to amend section 10(5) of the Law on Civil Service so that the right to strike in the public service could be restricted or prohibited only for public servants exercising authority in the name of the State, and to ensure that this principle would be observed in the drafting of the Law on Collective Labour Disputes. The Committee notes the Government’s indication that section 46 of the draft Law on Collective Labour Disputes prohibits organizing and participating in strikes, inter alia, for civil servants of categories A and B authorized to perform functions on behalf of the State, and that section VIII of the draft Law proposes to amend section 10(5) of the Law on Civil Service by removing the mention of “strikes”. Taking due note of the above, the Committee requests the Government to specify which civil servants are included in the above-mentioned categories A and B, and which other prohibitions are provided for in section 46 of the draft Law on Collective Labour Disputes.

In its previous comments, the Committee requested the Government to provide information on the practical application of section 293 of the Criminal Code, which provided that organized group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein, were punishable by a fine of between 1,000 and 3,000 non-taxable minimum incomes or imprisonment for a term of up to six months, in respect of industrial actions. The Committee notes that the Government states that 13 criminal proceedings were initiated under section 293 in 2023–24, and none of them related to group violations of public order committed at Ukrainian enterprises by their employees. It further notes that the Government indicates that following an amendment to section 293, the imprisonment for a term of up to six months was replaced by probationary supervision for up to three years. While taking note of this amendment, the Committee recalls that no penal sanctions should be imposed against a worker for having carried out a peaceful strike and therefore measures of imprisonment or fines should not be imposed on any account (2012 General Survey, para. 158). The Committee requests the Government to take necessary measures to amend the wording of section 293 of the Criminal Code so as to ensure that the national legislation is in full conformity with the Convention. It requests the Government to provide information on all steps taken to that end.