Аналіз трансформації трудового законодавства України на відповідність праву ЄС та Конвенціям і Рекомендаціям МОП

Since the beginning of full-scale military aggression of Russia and the introduction of martial law, the Verkhovna Rada of Ukraine has adopted several laws that have led to a significant transformation of the labor legislation of Ukraine. This is primarily the Law of Ukraine “On Organization of Labor Relations in Martial Status”, tht Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Optimization of Labor Relations” and The Law of Ukraine «On Amendments to Certain Legislative Acts on Simplification of Regulation of Labor Relations in the Field of Small and Medium Business and Reduction of Administrative Load on Entrepreneurship». The purpose of scientific work is to investigate the problematic transformations of the labor legislation of Ukraine adopted during martial law, their influence on the labor rights of employees and the role of trade unions, the compliance of these changes in the European legislation, European intergness obligations and international labor standards. The study was carried out by applying methods of normative-comparative analysis, system-structural research and generalization. As a result of the study, it has been stated that the transformations of labor legislation adopted since the beginning of the war significantly narrowed the scope of labor rights and social protection of employees, do not correspond and contradict the law of the European Union, conventions and recommendations of the International Labor Organization. In the future, such a non-compliance may be an obstacle to Ukraine’s membership in the EU. It should be noted that objectively the war determines the restriction of the rights of workers and trade unions. However, after the end of the martial law, Ukraine on the way to EU membership will be facing the need to restore the labor rights of workers and trade unions and strengthen social dialogue. What is best done through the development and adoption of a new Labor Code of Ukraine, which must meet international labor standards established by the International Labor Organization and European legislation. In preparation of the Labor Code, it is mandatory to involve all parties of social dialogue.