Trade Unions as Regulators of Labour Risks: Comparative Legal Analysis of the European Union and Ukraine

Abstract This article examines the legal status and regulatory functions of trade unions within the labour law frameworks of the European Union and Ukraine, with a particular focus on their role in systems of social risk management. Against the backdrop of profound labour market transformations – driven by crises, armed conflict, digitalisation and the decentralisation of employment relations – the study analyses the capacity of trade unions to influence legal mechanisms designed to protect workers. A comparative analysis is conducted of EU legal standards (including the European Social Charter, the EU Charter of Fundamental Rights and ILO Conventions) and Ukrainian legislation concerning the recognition of trade unions as actors of collective protection. Special attention is devoted to the involvement of trade unions in risk-management processes such as the prevention of labour disputes, social dialogue, consultation during employment restructuring and participation in the formation of labour legislation. The article concludes that the role of trade unions within EU legal systems has been strengthened through the formalisation of their participation in public regulation, whereas in Ukraine this function remains largely declaratory. The study proposes pathways for adapting European experience to the Ukrainian context in order to enhance the effectiveness of trade unions as institutions of social protection and as regulators of labour-related risks.