The Federation of Trade Unions of Ukraine calls for a review of the law on workplace safety: what the presidential veto could change
Kyiv • UNN
The Federation of Trade Unions of Ukraine calls for a veto of the occupational safety law. Lawyers explained how the document is reconsidered and how trade unions can seek to have their comments taken into account.
The Federation of Trade Unions of Ukraine insists on reviewing the law on the safety of workers at work, which could narrow workers’ rights and social guarantees. A presidential veto would oblige the Verkhovna Rada to reconsider the document and create an opportunity to improve its provisions. Lawyers explained to UNN in comments how trade unions can join this process.
Why the FPU is asking for the law to be vetoed
On October 12, the Verkhovna Rada adopted Bill No. 10147, “On the Safety and Health of Workers at Work,” in its second reading. However, Serhii Byzov, head of the Federation of Trade Unions of Ukraine, reported that the bill passed by parliament contains provisions that could weaken worker 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.
What the veto would mean
According to lawyer and founder of “LOGIC” Law Firm LLC Valeriia Odintsova, under Article 94 of the Constitution of Ukraine, a presidential veto obliges the Verkhovna Rada to reconsider the law.
It follows from the provisions of Article 94 of the Constitution of Ukraine that a veto by the President of Ukraine (the return of a law with reasoned comments) obliges the Verkhovna Rada to reconsider Law No. 10147. This means that the disputed provisions will definitely be submitted for renewed parliamentary discussion. However, the outcome of this consideration depends on the votes of members of parliament
As explained by Sviatoslav Bolinskyi, CEO of “Bolinskyi and Team” law firm, after the law is returned, the president’s comments are submitted to the relevant committee of the Verkhovna Rada.
The relevant committee considers the president’s proposals, and the Verkhovna Rada votes within 30 days
According to the lawyers, during the reconsideration, the Verkhovna Rada may agree with the president’s proposals and adopt the law with the relevant amendments. This requires a majority of the parliament’s constitutional composition—at least 226 votes.
Another option is to override the presidential veto. At least 300 votes are required to readopt the law in its previous version. In that case, the president is obliged to sign the law.
If parliament does not support the president’s comments but at the same time fails to gather enough votes to override the veto, the law is sent for revision or is deemed rejected in full.
The lawyers also note that trade unions may participate in discussing the bill in the committee, but only within the scope of the president’s proposals.
Valeriia Odintsova added that since trade unions do not have the right of direct legislative initiative, they can promote the relevant amendments through members of parliament. She also said that trade unions may initiate official consultations with the Government and the Office of the President through the platform of the National Tripartite Social and Economic Council.
Recall
The Federation of Trade Unions’ reservations regarding certain provisions of the law “On the Safety and Health of Workers at Work” were also supported by the inter-factional parliamentary association “Trade Unions of Ukraine.” Member of parliament and head of the association Andrii Klochko stated that the law is imperfect, as it could narrow social guarantees for workers employed in difficult and hazardous conditions. At the same time, he emphasized the importance of the document’s European integration objective and the need for further dialogue on improving it.