Labor Code reform is impossible without a public dialogue between the government, employers, and employees - expert

The government must ensure an open dialogue with social partners and take into account the trade unions' proposal when preparing the new version of the Labor Code. Vitaliy Dudin, a labor law expert and lawyer at the NGO "Social Movement," stated this in an exclusive comment to UNN.

Context

Serhiy Byzov, head of the Federation of Trade Unions of Ukraine, previously stated that trade unions call on the authorities for an open dialogue regarding the new version of the Labor Code of Ukraine and insist on taking into account the position of hired employees during its finalization.

He noted that it is crucial, in particular, to prevent the weakening of the right to strike or the creation of mechanisms of pressure from employers. Special attention, according to the head of the FPU, should be paid to clearly defining the grounds for fixed-term employment contracts without the possibility of their arbitrary expansion.

The Federation of Trade Unions also advocates for the abolition of the three-month limitation period for appealing to court in wage disputes, as it narrows employees' opportunities to protect their rights.

According to Byzov, the FPU also demands a fair approach to wages – linking the minimum wage to the living wage and at a level not lower than 50% of the average wage in the economy.

In addition, it is about the need to preserve social guarantees for vulnerable categories of workers, including leave for harmful working conditions and other existing benefits, as well as establishing adequate notice periods for changes in essential working conditions.

Labor law expert Vitaliy Dudin believes that it is unacceptable to adopt a new version of the code without expert and comprehensive discussion.

I believe that the discussion around the new Labor Code is becoming more and more noticeable, more and more acute. And here, I think, all social partners, and the government, and employers, and employees should understand that such a reform as changing labor legislation cannot be carried out without public discussions, without public dialogue, without open expert discussions and debates.

He warns that adopting the Labor Code without proper discussion could have negative consequences, both short-term and long-term. In particular, this could undermine the legitimacy of the reform in the future. "This is a very complex reform to be adopted so quickly and technically, formally during a period when the state is facing the greatest challenges since independence," Dudin added.

According to the labor law expert, the demand voiced by Serhiy Byzov, head of the Federation of Trade Unions of Ukraine, regarding raising the minimum wage is extremely relevant, because it directly stems from Ukraine's European integration commitments.

EU Directive 2022-2041 requires that when setting the minimum wage, a rule be enshrined according to which the "minimum wage" cannot be less than half of the average wage in the country. And almost all European countries that are members of the EU have implemented such requirements. And Ukraine, as a state that declares membership in this association, cannot stand aside.

He added that even the Bulgarian Labor Code contains such a norm, which provides for setting the minimum wage at no less than 50%.

Dudin emphasized that the level of worker protection currently provided by the draft Labor Code, which has been submitted to the Verkhovna Rada for consideration, is lower than the minimum provisions stemming from European Union directives, which are already being implemented at the level of member states.

Therefore, the fact that trade unions emphasize this very demand is very natural and logical if our state truly wants to overcome the policy of so-called cheap labor.

In addition, the draft Labor Code, submitted to parliament for consideration, limits the period for appealing to court in cases of non-payment of wages and recovery of relevant arrears to three months. According to Dudin, the Constitutional Court of Ukraine at the end of last year recognized as unconstitutional the limitation period for appealing to court in so-called wage disputes. That is, currently, under the Labor Code, there is no limitation period for appealing to court for the recovery of wage arrears. However, this norm is present in the draft Labor Code and does not take into account the practice of the Constitutional Court. According to the expert, the draft code was developed before this important decision of the Constitutional Court of December 11, 2025.

Therefore, this is indeed a very painful issue. Because citizens, for one reason or another, may miss the deadline for appealing to court when they are simply deprived of their means of subsistence. Therefore, the existence of a norm according to which the period for appealing to court in these wage disputes is not limited by anything is absolutely natural, normal, and consistent with the Constitution.

The labor law expert stressed that since independence, there has been no limitation on appealing to court in wage disputes in Ukraine. Such limitations existed only for a certain period - from July 2022, when the relevant law was adopted, and they were in effect until December 11, 2025.

It turns out that the developers of the draft Labor Code reproduced the norm that was in our legislation only for a certain period and which was recognized as unconstitutional. Therefore, this is clearly not a path to improving worker protection.

Recall

The Cabinet of Ministers of Ukraine approved the draft of a new Labor Code, which is to replace the 1971 Code of Labor Laws and launch a labor market reform. According to Prime Minister Yulia Svyrydenko, the document is one of the key steps for implementing the Population Employment Strategy until 2030.

The Code establishes clear signs of labor relations. The document defines 8 signs of labor relations. The Cabinet of Ministers believes that this will help reduce legal uncertainty and bring employment out of the shadows. Preliminary estimates for de-shadowing the labor market are 43 billion hryvnias per year.

The project also provides for an increase in the types of employment contracts from 6 to 9. The Code regulates modern work formats: remote, home-based, non-fixed working hours.

At the same time, the draft Labor Code was criticized by experts, in particular, due to the expansion of grounds for dismissal of an employee at the initiative of the employer. Also, the document does not take into account the norm of Directive (EU) 2022/2041, according to which the minimum wage must be at least half of the average. The project provides that the minimum wage is set as a percentage of the average monthly wage, and the percentage is determined by the Cabinet of Ministers. It also provides for the establishment of internal labor regulations without the participation of trade unions and an increase in the length of the working day.