Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is enshrined in the Constitution but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Under Section 87 of the Civil Code (2003), an organisation acquires its rights of legal personality from the moment of its registration. However, section 16 of the Trade Unions Act provides that a trade union acquires the rights of a legal person from the moment of the approval of its statute and that a legalising authority confirms the status of a trade union and no longer has a discretionary power to refuse to legalise a trade union. This contradiction may create legal uncertainty regarding the existence of the legal personality of trade unions.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- The Constitution provides that judges do not have the right to form or join trade unions (Art. 127, Constitution of Ukraine).
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Barriers to the recognition of collective bargaining agents
- Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively
- The Law on Social Dialogue adopted in 2010 requires that trade unions be representative, at national level, with no less than 150,000 members; at sectoral level, membership of three per cent of the workers employed in the corresponding sector; at territorial level, membership of no less than two per cent of the employed population in the relevant unit.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Excessive representativity or minimum number of members required to hold a lawful strike
- The Act on the procedure for settlement of collective labour disputes provides that a strike can only be organised if the majority of the workers in the enterprise or two-thirds of the delegates of a conference vote for it (section 19, Act on the procedure for settlement of collective labour disputes).
Ban or limitations on certain types of strike actions
- Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
- Federations and confederations cannot call a strike.
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- The Criminal Code provides that organised group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organisation and active participation therein, are punishable with a fine of up to 50 minimum wages or imprisonment for a term of up to six months and, in particular, in respect of an industrial action (section 293, Criminal Code).
Limitations or ban on strikes in certain sectors
- Undue restrictions for "public servants"
- Pursuant to section 10(5) of the Law on Civil Service, civil servants are prohibited from exercising the right to strike.