Ukraine

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Ukraine’s overall score is 80.5 out of 100. The overall score for Ukraine is lower than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

United Arab Emirates received the worst possible score by default due to reported general prohibition of the right to establish and join organizations and/or collective bargaining in law and in practice (violations no. 23, 36 and/or 62 and 73 in the table below).

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§36, Constitution 1996; §3 & 6, Law № 1045-XIV of 1999; §243, Labour Code, 1971

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§13-14, Labour Code, 1971; §4, 7, 10, Law № 3356-XII of 1993; §8, Law № 2862-VI of 2010

Does the law provide for the right to strike?

No

0

§44 of the Constitution 1996; §17-28 of the Law № 137/98-ВР On the procedure for resolving collective labor disputes (conflicts), 1998; ITUC Global Rights Index 2024 (Ukraine Profile)

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§44 of the Constitution; §174 & 293 of the Criminal Code 2001; CEACR, C87, Obs. 2023

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §36, Constitution 1996; §3 & 6, Law № 1045-XIV of 1999; §243, Labour Code, 1971

Information

Source: §13-14, Labour Code, 1971; §4, 7, 10, Law № 3356-XII of 1993; §8, Law № 2862-VI of 2010

Information

Source: §44 of the Constitution 1996; §17-28 of the Law № 137/98-ВР On the procedure for resolving collective labor disputes (conflicts), 1998; ITUC Global Rights Index 2024 (Ukraine Profile)

A : National Law

National Labour Legislation

"Art 19 The decision to declare a strike at the enterprise is made at the request of the elected body of the primary trade union organization (trade union representative) or other organization of employees authorized in accordance with Article 3 of this Law to represent the interests of employees, by a general meeting (conference) of employees by voting and is considered adopted if he was voted for by the majority of employees or two-thirds of the conference delegates. The decision to announce a strike is formalized in a protocol."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Act on the Procedure for the Settlement of Collective Labour Disputes provides that a strike may only be organised if the majority of the company's employees or two-thirds of the delegates at a conference vote in favour (Article 19, Act on the Procedure for the Settlement of Collective Labour Disputes). "

Information

Source: §44 of the Constitution; §174 & 293 of the Criminal Code 2001; CEACR, C87, Obs. 2023

A : National Law

National Labour Legislation

"Chapter XII. CRIMINAL OFFENSES AGAINST PUBLIC ORDER AND MORALITY Article 293. Group violation of public order Organizing group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization, and also active participation therein, shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3. Right to organize activities and formulate their programmes in full freedom. The Committee had previously requested the Government to provide information on the practical application of section 293 of the Criminal Code, which provided that organized group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein, were punishable by a fine of up to 50 monthly minimum wages or imprisonment for a term of up to six months, in respect of industrial actions. The Committee notes with regret that the Government limits itself to: (i) indicating that following an amendment to section 293, the amount of the fine is now between 1,000 and 3,000 non-taxable minimum incomes; and (ii) providing general information about pretrial investigations into offences under that provision. The Committee reiterates its request that the Government provide information on the practical application of section 293 of the Criminal Code in respect of industrial actions."