The Federation of Trade Unions of Ukraine will be able to continue seeking a review of the controversial provisions of the law on the safety of employees at work, even if it enters into force in its current wording. Legislative mechanisms are provided for this purpose, and where there are sufficient grounds, constitutional review and judicial protection are also available. Lawyer and founder of LLC "Law Firm \"LOGIC\"" Valeriia Odyntsova said this in an exclusive comment to UNN.
Why the FPU is demanding a review of the law
On October 12, the Verkhovna Rada adopted Bill No. 10147, "On the Safety and Health of Employees at Work," in its second reading. However, Serhii Byzov, head of the Federation of Trade Unions of Ukraine, said that the bill passed by parliament contains provisions that could weaken employee protection. According to him, this concerns risks to workplace safety, compensation for victims, and social guarantees for people working in difficult and hazardous conditions.
On October 19, the Joint Representative Body of Trade Union Associations appealed to President Volodymyr Zelenskyy, asking him to veto the law.
How trade unions can secure amendments to the law
If the law enters into force without amendments, trade unions will be able to promote its review through the Verkhovna Rada. To do so, they can prepare proposals concerning the controversial provisions and approach members of parliament, the relevant committee, or the Cabinet of Ministers.
Trade unions do not have the right of legislative initiative, but they may participate in discussions of legislative amendments, submit expert opinions, and seek to have their position taken into account. This mechanism makes it possible to amend or repeal individual provisions even in the absence of grounds for declaring them unconstitutional
According to her, another avenue is to initiate a review of the controversial provisions for compliance with the Constitution of Ukraine. In particular, this concerns Article 22, which prohibits narrowing the content and scope of existing rights and freedoms when adopting new laws or amending existing ones.
At the same time, trade unions do not have the right to independently apply to the Constitutional Court of Ukraine with a constitutional submission concerning the law. However, they may approach the authorized entities designated in Article 150 of the Constitution of Ukraine, including members of parliament of Ukraine, the Ukrainian Parliament Commissioner for Human Rights, or the Supreme Court, with a proposal to initiate a review of the relevant provisions
She also recalled the mechanism of a constitutional complaint. However, it has clearly defined conditions for application: in particular, the challenged provision of the law must have been applied in a final court decision in the case of the person applying to the Constitutional Court. Therefore, trade unions cannot use this mechanism to challenge the law abstractly in the interests of all employees.
According to Valeriia Odyntsova, if application of the law results in violations of labor rights, trade unions will be able to defend the interests of their members through the courts. Depending on the circumstances, this may involve challenging unlawful actions by an employer, recovering payments due, or restoring violated rights.
In addition, where there are sufficient grounds, trade unions may use international mechanisms for monitoring compliance with labor standards, including the procedures of the International Labour Organization.
Thus, the entry into force of Law No. 10147 will not deprive trade unions of the opportunity to demand a review of its provisions. At the same time, legislative procedure will be the primary mechanism for changing rules that narrow employees’ rights and social guarantees, while in cases of well-founded doubts about their constitutionality or an actual violation of rights, the relevant mechanisms of constitutional review and judicial protection may be used