The monumental task of rebuilding Ukraine faces a critical, often overlooked challenge: ensuring the rights and protections of its workforce. As the country seeks to recover from the devastation of the ongoing war and looks toward potential European Union membership, proposed labor legislation is raising alarms among trade unions, who fear a rollback of hard-won rights and a weakening of their ability to advocate for workers. The core issue centers on draft laws that would, according to union leaders, reinstate restrictions previously imposed under martial law, potentially undermining the foundation for a just and equitable reconstruction.
At stake is more than just wages and working conditions. The proposed legislation, currently before the Ukrainian parliament, threatens to exclude trade unions from collective bargaining processes, remove protections for vulnerable workers – including pregnant women and those in hazardous jobs – and lower the thresholds required for union representation. This comes at a time when Ukraine’s industrial base has been decimated, with entire facilities destroyed or suspended, and millions displaced. The concern is that a weakened labor movement will leave Ukrainian workers vulnerable to exploitation as international investors move in to participate in the rebuilding effort. This situation highlights the complex interplay between wartime necessity, economic recovery, and the fundamental rights of workers, a dynamic central to the future of Ukraine’s reconstruction.
“We were never given the text of this law,” said Mykhailo Volynets, chairman of the Confederation of Free Trade Unions of Ukraine, underscoring a fundamental grievance: the lack of social dialogue in the drafting process. Volynets noted that Ukraine’s national tripartite council, a forum for government, employers, and unions, hasn’t met since 2018, further isolating the labor movement. For unions already struggling to maintain their structures amidst widespread industrial destruction, this exclusion is seen as an existential threat. The situation reflects a broader pattern of diminished social dialogue, a critical component of a democratic and sustainable recovery.
The Threat to Collective Bargaining and Worker Protections
The proposed legislation’s potential impact extends beyond procedural concerns. IndustriALL Global Union, representing workers in manufacturing, mining, and other key sectors, has voiced strong opposition. Kemal Özkan, assistant general secretary of IndustriALL, stated plainly, “We call for an immediate end to Russian aggression, the right to social dialogue and the right for workers.” Atle Høie, IndustriALL’s general secretary, warned that the window for securing worker protections is rapidly closing. “International companies will want to buy what is left of Ukraine,” Høie explained. “Ukraine has ambition to join the European Union (EU) and must comply with standards, including labour legislation. We have to make sure that the EU is clear to Ukraine on what is necessary.”
The European Commission and the International Labour Organization (ILO) have both weighed in, emphasizing the need for alignment with EU and ILO standards. Laura Corrado, from the European Commission’s directorate-general for employment, stated, “We expect Ukraine to abide by these standards.” Magnus Berge of the ILO was equally direct: “The war does not absolve the government of its international commitments.” These statements underscore that adherence to international labor standards is not merely a matter of principle, but a prerequisite for Ukraine’s aspirations to EU membership. Ukraine formally applied for EU membership in February 2022, and was granted candidate status in June 2022, according to the Council of the European Union.
Devastation on the Ground: A Shrinking Industrial Base
The legislative battle unfolds against a backdrop of profound industrial devastation. Across key sectors – coal, metal, chemical, energy, oil and gas, machine-building, and aerospace – Ukrainian affiliates report widespread enterprise closures and a dramatic decline in union membership. The metal and mining sectors, for example, have already lost six out of fourteen enterprises. In the machine-building sector, membership has plummeted to just 15 percent, not due to workers leaving, but since the workplaces themselves have ceased to exist. The chemical sector has seen 64 facilities fall silent, leaving only 29,000 workers employed. In the hardest-hit regions, rebuilding is often deemed economically unviable, raising doubts about future investment.
This environment has effectively stalled collective bargaining. Negotiating new or improved agreements is largely impossible, and unions are focused on simply preserving existing protections. “We are fighting not to lose what we already have,” said a representative from the aerospace sector. Existing industrial agreements are being left unchanged, not by choice, but out of necessity. While some wage increases have been achieved through collective bargaining, even in a constrained environment, the overall trend is one of erosion and uncertainty. Social dialogue at the national level has collapsed, and at the enterprise level, employers and government structures are often failing to uphold existing agreements, leaving unions with limited recourse.
Reconstruction Must Prioritize Workers’ Rights
Union leaders are adamant that reconstruction must be built on democratic and sustainable foundations, with workers having a central role in shaping the future of Ukraine’s economy. This requires not only defending existing collective agreements but also ensuring that new industrial and energy models – including the transition to renewable energy – are developed with worker participation from the outset. “As trade unions we have to prepare for workers to have their fair share of resources and what comes after the war,” said Atle Høie. “We have to be prepared for the day the war ends.”
IndustriALL Global Union, along with its partners Union to Union (UtoU), IF Metall, and IndustriALL Europe, has committed to a three-year program to support Ukrainian affiliates in rebuilding their capacity, strengthening social dialogue, and ensuring workers’ voices are heard. Kemal Özkan emphasized the importance of a strong union presence in the reconstruction process, stating, “Our mission is to have strong unions present in the reconstruction.” Magnus Berge added a crucial point regarding the return of displaced Ukrainians: “If you want to invite six million displaced people back, you have to look at working conditions. If working conditions are not solid, you will not have the workers and you need them to rebuild.”
The future of Ukraine’s reconstruction hinges on a commitment to social justice and worker empowerment. The coming months will be critical as the Ukrainian parliament considers these crucial labor laws. The next key step will be the parliamentary vote on the draft legislation, a date that remains uncertain as of November 21, 2023, but is expected before the end of the year. The outcome will not only determine the rights and protections of Ukrainian workers but also shape the country’s path toward a sustainable and equitable future.
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