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Publication date: 09.05.2024
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The Committee on Social Policy discussed the state of adaptation of the labor legislation of Ukraine to the provisions of EU law
We inform you that on April 9, 2024, under the chairmanship of the Deputy Chairman of the Committee of the Verkhovna Rada of Ukraine on Social Policy and the Protection of Veterans' Rights, the Chairman of the Subcommittee on the Adaptation of Ukrainian Legislation to the Provisions of European Union Law (asquis EU), the fulfillment of Ukraine's international legal obligations in in the field of European integration, Vadym Strunevych, a "round table" meeting on the topic: "Adaptation of the labor legislation of Ukraine to the provisions of the law of the European Union: state and prospects" was held in the mode of a video conference.
The event brought together more than 50 participants, namely: people's deputies of Ukraine, representatives of the Office of the President of Ukraine, central executive authorities, the Secretariat of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights, the National Mediation and Reconciliation Service, public organizations and associations, academic and other institutions The participants of the meeting discussed in detail the state of adaptation of the labor legislation of Ukraine to the provisions of EU law and ways to increase the effectiveness of this adaptation.
In his introductory speech, the chairman immediately mentioned one of such problematic issues that needs discussion, such as the need for a general and systematic reboot of labor legislation.
The representatives of the ministries spoke about the measures currently being taken by the state in the field of adaptation of the labor legislation of Ukraine to the provisions of EU law.Daria Andryunina, head of the labor migration department of the Department of Labor and Employment of the Ministry of Economy of Ukraine, reported on the preparation of a working meeting with EU representatives regarding the negotiation section 19 "Social policy and employment".
The Ministry of Economy of Ukraine drew attention to the fact that the adaptation of labor legislation of Ukraine to the provisions of EU law will contribute to strengthening the economy and increasing social protection, and also agree with the need for comprehensive reform of labor legislation by expanding standards in the field of labor protection and adopting the new Labor Code of Ukraine. which will contribute to the implementation of international standards in the labor market and in the field of protection of workers' rights.
The head of the State Labor Service of Ukraine, Ihor Degnera, in his turn noted that the adoption of the Labor Code of Ukraine or the approval of the draft Law of Ukraine "On the Safety and Health of Workers at Work" is the starting point for revising a whole set of regulatory acts, in particular, regarding occupational health and safety management systems.
The Ministry of Social Policy of Ukraine reminded that the issue of promoting the employment of persons with disabilities remains within its competence, and Olena Kulchytska, adviser to the Minister of Social Policy of Ukraine, reported that the Ministry of Social Policy is working on implementation into the national legislation of the norms of Council Directive 2000/78/EU on the introduction of incentive mechanisms for employers for the purpose of employment of persons with disabilities through the adoption of the draft Law of Ukraine "On Amendments to Certain Laws of Ukraine on Ensuring the Rights of Persons with Disabilities to Work" (Reg. No. 5344 -d).
At the same time, People's Deputy of Ukraine Mykhailo Volynets drew attention to the fact that it is necessary to look to the future and approach the process of reforming the labor legislation more carefully and responsibly, correcting the existing shortcomings.
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The head of the expert group on inclusive development and social and humanitarian issues of the Government Office for the Coordination of European and Euro-Atlantic Integration of the Secretariat of the Cabinet of Ministers of Ukraine, Marko Skral, focused the attention of those present on the Report based on the results of the initial assessment of the state of implementation of European Union legal acts (EU acquis), where among the systemic problems of the negotiating Section 19 defines: the need to translate EU legal acts into Ukrainian and additional training of personnel who will be involved in the issues of adapting Ukrainian legislation to EU legal acts.Svitlana Hlushchenko, Director of the Department for Monitoring the Observance of Social and Economic Rights of the Secretariat of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, noted that the Ombudsman of Ukraine does not support the draft Labor Code of Ukraine sent by the Ministry of Economy of Ukraine, and drew the attention of those present to the fact that in the process of adapting the labor legislation of Ukraine to the provisions EU law must take into account the national experience of law-making activity, the traditions of Ukrainian society and apply the EU experience taking into account the realities of our time.
Serhii Bilenkyi, the Deputy Chairman of the Employers' Union at the national level, emphasized that, given the situation in the country, the adaptation of legislation to EU law requires a transition period, as well as greater involvement of employers and trade unions in the discussion of government draft laws. At the same time, Olena Stepanenko, an expert of the Confederation of Employers of Ukraine, in her speech emphasized the problem of migrant workers' rights and the need to create such conditions on the labor market that would provide for flexibility and security.
The representative of the trade union side — the first deputy head of the SPO of trade union associations, the deputy head of the Federation of Trade Unions of Ukraine Oleksandr Shubin drew attention to the fact that it is necessary to study the European experience and introduce the most modern European trends in the new Labor Code of Ukraine, in the development of which the combined efforts of the European experts and all social partners.First Deputy Head of the National Mediation and Conciliation Service, Svitlana Zapara, informed about the draft law "On Collective Labor Disputes" developed by the NSPP and about the start of work on the new version of the Law of Ukraine "On Social Dialogue in Ukraine" with the involvement of a wide range of experts, which in turn will ensure implementation of the adaptation of the labor legislation of Ukraine to the provisions of EU law.
In their speeches, members of the Ukrainian side of the Ukraine-EU Civil Society Platform, Larisa Starikova and Oleksandr Vozniuk, respectively, paid attention to the reform of regulatory policy at the stage of joining the EU and the need to revise the international agreements on employment and social protection of citizens signed by Ukraine.
During the "round table" meeting, the expert of the USAID "Council: Next Generation" Program, Vitaly Melyankov, presented material on the transposition (implementation) of certain EU regulatory acts into the national legislation of Ukraine in the labor sphere.
Representatives of scientific institutions also raised a number of sensitive topics. In turn, senior researcher of the Institute of Economics and Forecasting of the National Academy of Sciences of Ukraine, Tetyana Peregudova, drew attention to the issue of social and labor inclusion of persons with disabilities and realization of their right to work and employment. At the same time, Alla Yushko, a leading researcher at the Research Institute of Legal Support of Innovative Development of the National Academy of Sciences of Ukraine, spoke about the peculiarities of the process of working together with the Ministry of Economy on the draft Labor Code of Ukraine and noted that the new code should ensure a balance of interests of employers and employees.Part 2
At the end of the "round table" meeting, the Chairman of the Public Organization "BUSEL" Anatoliy Vladychanskyi gave the chairman information on the issue of creating a market mechanism of self-regulation of the market without state intervention in key processes through the system of creating self-regulatory organizations taking into account the best Ukrainian and world practices. Self-regulatory organizations are organizations to which the state has delegated the authority to carry out professional certification, control of performers of work (services) related to training, auditing, technical diagnostics and expertise in the field of employee safety and health.
The provided information states that there is already a successful experience in Ukraine, namely self-regulatory organizations under the Ministry of Community Development, Territories and Infrastructure of Ukraine and the Motor (Transport) Insurance Bureau of Ukraine (MTSBU). At the same time, there is a practice in the EU when narrow-profile associations create separate conditions for monitoring compliance with legislation in a specific area, for example, Associations of Manufacturers of Personal Protective Equipment, Polskie Zrzeszenie Producentów i Dystrybutorów Środków Ochrony Indywidualnej, Slovak Medical Chamber – Section of Occupational Medicine and others . Creating a mechanism for delegating part of the powers to self-regulatory organizations is not just the European way, but the way of development of the industry, in particular, it is the transparency and openness of the process, deregulation and the basis for fighting corruption.Concluding the event, the Deputy Chairman of the Committee, Vadym Strunevych, thanked all the participants of the meeting, in particular, the USAID Program "Council: Next Generation" for the preparation of the event and the Ministry of Economy of Ukraine for the work related to the implementation of EU norms into Ukrainian legislation, noting that the relevant issues and initiatives that were expressed during the meeting will be considered by the Committee.
