Within the framework of the Council of Europe project "Strengthening the social dimension in Ukraine", an analytical report has been prepared assessing the compliance of the draft Labour Code of Ukraine with the standards of the European Social Charter, as interpreted by the European Committee of Social Rights in its Conclusions 2025 concerning Ukraine.
The report is available at the link (in Ukrainian only).
The study was prepared by Council of Europe experts Ms Alla Fedorova, PhD in Law and member of the European Committee of Social Rights, and Ms Yana Simutina, Dr. habil. (Law) and Leading Research Fellow at the V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.
The review examines the extent to which the provisions of the draft Labour Code comply with the labour rights guaranteed by the European Social Charter and identifies areas where further improvements may be required to ensure full alignment with the Charter. It also provides recommendations for improving Ukrainian labour legislation, in line with the case law and interpretative approach of the European Committee of Social Rights.
The analysis indicates that the draft Labour Code represents a significant step forward in the modernisation of Ukraine's labour legislation. In several key areas, it demonstrates greater alignment with European social rights standards than the current legislation, particularly regarding the regulation of working time, the exercise of collective labour rights, safeguards for new forms of employment, and the systematic regulation of the rights and obligations of the parties to employment relationships.
At the same time, the review identifies a number of provisions that require further discussion and refinement. It also formulates recommendations aimed at addressing the remaining inconsistencies between the draft Labour Code and the standards of the European Social Charter.
It is expected that the review will contribute to Ukraine's ongoing labour law reform, support the further alignment of national legislation with European standards, and strengthen the protection of labour rights.
For reference:
In its Conclusions 2025 concerning Ukraine, the European Committee of Social Rights assessed the implementation of the European Social Charter with regard to labour rights, including the right to reasonable working hours (Article 2§1), the right to safe and healthy working conditions (Articles 3§1, 3§2 and 3§3), the right of women and men to equal pay for work of equal value (Article 4§3), the right to organise (Article 5), the right to bargain collectively (Articles 6§1, 6§2 and 6§4), and the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex (Article 20).
Following its assessment, the Committee concluded that Ukraine was not in conformity with the Charter in relation to a number of these provisions, highlighting the need for the continued reform of the country's labour legislation.
The report was prepared with the support of the Council of Europe project "Strengthening the social dimension in Ukraine", implemented within the framework of the Council of Europe Action Plan for Ukraine "Resilience, Recovery and Reconstruction" for 2023–2026. The Project aims to ensure that general public and people from vulnerable groups, including war-affected population in Ukraine, benefit from targeted social protection and support.
