Non-compliance with international labor standards in the implementation of codification of labor legislation

Abstract

The integration of Ukraine into the European Union requires amendments to national legislation and harmonizing its norms with international standards. At present, it is necessary to prepare and adopt a new Labor Code of Ukraine. In the Verkhovna Rada four Draft Labor Codes have been registered, but the analysis of each of them indicates that not all norms of the proposed drafts meet international standards.
 International labor standards and of foreign experience should be applied with due regard for the features of the legal systems of different countries, including ours.
 The issues of developing the concept of reforming the labor legislation of Ukraine and its further progress, as well as the adoption of the new Labor Code, have long been the subject of scientific debate and research. But many questions are not answered. In this regard, this topic is still relevant.
 Draft Law № 0955 was registered in the Verkhovna Rada, replacing Draft Law № 1658, which had already been voted for at first reading and had been awaiting for consideration at second reading, but was revoked by the Verkhovna Rada of the new convocation because of its inconsistence with the norms and principles of international law and with International Labor Organization Conventions ratified by Ukraine.
 The analysis of Draft Law № 2410 and Draft Law № 2410-1 indicates that they also do not meet international labor standards and therefore require improvement.
 Draft Law on Labor № 2708, submitted by the Cabinet of Ministers of Ukraine, contradicts the Constitution of Ukraine and other laws and had been developed without the involvement of social partners, that is employers and trade unions.
 The authors of the Draft Law had not taken into account the ILO Conventions, ratified by Ukraine, and the commitments undertaken by Ukraine as a result of signing the Association Agreement with the EU in labor relations issues. The analysis of the Draft Law shows that its provisions commit the gross violation of the norms of the Constitution of Ukraine and of the current labor legislation and do not meet international labor standards. It is necessary to adopt a new Labor Code of Ukraine, but it must be a legislative instrument that meets all international labor standards and is built on the principles of social partnership.