Publication date: 05.07.2024
active and purposeful military lawyer with more than 4 years of experience
Obstruction of the legitimate activities of trade unions: a problem that needs to be solved
Trade unions play a key role in protecting the rights and interests of workers. They are an important mediator between workers and employers, helping to ensure fair working conditions, decent pay and other social and labor guarantees. However, unfortunately, cases are often observed when employers obstruct the legitimate activities of trade unions, thus violating the basic rights of employees.
The scale of the problem
According to the International Labor Organization (ILO), in 2023, more than 150 cases of obstruction of the legitimate activities of trade unions were recorded in Ukraine.This may include activities such as:
Illegal dismissal or disciplinary action of trade union members
Refusal to provide premises or other material and technical base for trade union activities
Obstructing meetings, strikes and other collective actions
Putting pressure and threats on trade union leaders and activists
According to the head of the Federation of Trade Unions of Ukraine, Hryhoriy Osovoy, the problem of hindering the work of trade unions is particularly acute in the fields of construction, trade, and restaurant business, where employers try to avoid collective negotiations and concluding agreements.
Legal guarantees of the activity of trade unions
The right to freedom of association and collective bargaining is enshrined in a number of international conventions, including ILO Convention No. 87 "On Freedom of Association and Protection of the Right to Organize" and Convention No. 98 "On the Application of the Principles of the Right to Organize and Collective Bargaining." These fundamental documents have been ratified by Ukraine and have higher legal force than national legislation.
In Ukraine, the activities of trade unions are regulated by the Law "On Trade Unions, Their Rights and Guarantees of Activity", adopted in 1999.According to this law, trade unions have the right to:
Conduct collective negotiations and conclude agreements
Organize strikes and other collective actions
To receive premises, equipment, transport and means of communication free of charge from employers for carrying out statutory activities
Freely collect contributions and dispose of funds of the trade union budget
In addition, the law provides trade union members with additional guarantees, in particular, the prohibition of their dismissal without the consent of the elected trade union body.
Why do employers resist unions?
Experts highlight several main reasons why employers try to hinder the activities of trade unions:
Fear of losing control over production processes. Trade unions, defending the interests of employees, can question the management decisions of employers, which is perceived as a threat.
The desire to maximize profits. Conclusion of collective agreements, raising wages, improving working conditions require additional costs, for which employers are not always ready.
Fear of losing competitive positions. Employers fear that having a strong union may reduce their flexibility and maneuverability in the market.
Lack of culture of social dialogue. In Ukraine, the traditions of collective bargaining and settlement of labor conflicts have not yet been properly formed.
Possible ways to solve the problem
In order to overcome the practice of obstructing the activities of trade unions, it is necessary to strengthen control and responsibility for the violation of trade union rights. In particular:
Improvement of legislation. It is necessary to make changes to the Code of Labor Laws, the Law "On Trade Unions..." and other normative legal acts aimed at specifying the guarantees of trade union activity and strengthening sanctions for their violation.
Strengthening control and supervision. State bodies authorized to supervise compliance with labor legislation should take more decisive measures to respond to cases of obstruction of trade union work.
Development of the culture of social dialogue.It is necessary to systematically increase the level of legal culture and mutual trust between employers, trade unions and authorities.
International support. Cooperation with trade union organizations of other countries, the ILO and other international institutions can contribute to a more effective defense of the rights of trade unions in Ukraine.
Only the joint efforts of all interested parties can ensure real observance of the right of workers to freedom of association and collective bargaining. This will contribute to the development of social partnership, strengthening labor rights and improving the quality of life of citizens.
You may be interested in reading articles on such questions as: адвокатские запросы адвокатский запрос ответ на адвокатский запрос требования к адвокатскому запросу непредоставление ответа на адвокатский запрос сроки ответа на адвокатский запрос адвокатский запрос это рассмотрение адвокатского запроса об адвокатском запросе адвокатский запрос образец образец адвокатского запроса образец отказа на адвокатский запрос адвокатский запрос срок рассмотрения ответственность за непредоставление ответа на адвокатский запрос адвокатский запрос срок адвокатский запрос срок рассмотрения
