Legal protection of employee labour rights in the context of globalization

The provisions of ILO Conventions № 173 on the Protection of Workers’ Claims in the Event of Employer Insolvency, № 95 on the Protection of Wages, as well as ILO Recommendation № 180 on the Insolvency of Employers are analyzed in order to emphasize the importance of protecting workers’ claims in the event of employer insolvency. It is argued that in the context of globalization, it is time to deeply study the draft Law of Ukraine «On Amendments to Certain Laws of Ukraine on Strengthening the Protection of Employees’ Claims for the Payment of Wage Arrears, Including in the Case of the Employer’s Insolvency» № 9510. It was emphasized that the problem of timely payment of wages to employees of the budget sector and critical infrastructure facilities who are located in the territory of temporary occupation or in the combat zone and continue to perform their labor duties within the framework of Ukrainian legislation needs to be resolved. It is stated that in peaceful Ukraine, employees were granted the right to strike in order to protect their violated labour rights by the employer, including in the event of the latter’s insolvency. It is concluded that the ban on strikes during martial law is a justified measure, since during war the stabilization of the country’s economy depends on the daily work of employees. However, the question arises as to how an employee can protect his rights violated by the employer during martial law without resorting to judicial protection. In fact, in some cases, the intervention of the Ombudsman or specialists of the State Labour Service may be effective. The problem faced by every second employer suffering from financial difficulties is outlined – employees’ disclosure of information about the employer’s insolvency before the moment of declaring bankruptcy. Digitalization, globalization, and the powerful development of social networks pose serious challenges for the regulation of labour relations. It is proposed to prescribe provisions on preserving the employer’s business reputation in the Rules of Corporate Ethics.