The Law of Ukraine
On Trade Unions, Their Rights and Guarantees of Activity
Date of Entry into Force:
October 5, 1999
The Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity” (hereinafter referred to as “the Law”) determines peculiarities of legal regulation, principles of establishment, rights and guarantees of activity of trade unions.
Establishment of trade union is aimed at representation and protection of labor, social economic rights and interests of members of trade union. This Law, as well as the Constitution of Ukraine, entitles the Ukrainian citizens on the basis of free will expression and without any permit to establish trade unions, enter them or withdraw from them as determined by their statutes. Thereto nobody shall be forced to enter or not to enter the trade union.
Members of trade unions may be the persons who:
work at enterprise, in establishment or organization regardless of ownership form and types of economic activity;
work for natural person who uses hired labor;
study in educational establishment.
Trade unions or organizations of trade unions may have the status of:
The Law defines the list of provisions which shall be included into statute (regulation) of trade union or association of trade union.
Trade unions, their associations shall become legal by means of notification. Thereto legalizing body shall not refuse to legalize trade union or association of trade unions. Legalization of trade unions or their associations shall be performed by the following bodies:
the Ministry of Justice of Ukraine - as regards to all-Ukrainian trade unions or their associations;
the Chief Administration of Justice in the Autonomous Republic of Crimea;
oblast, Kyiv and Sevastopol city administration of justice;
district, district in city, city (of cities of oblast significance) administrations of justice.
Concurrently the Law states that trade unions, their associations may stop their activity by reorganization or liquidation (self-dissolution, forced dissolution). Activity of trade unions, their associations which violates the Constitution of Ukraine or the laws of Ukraine may be prohibited only by the decision of court. Activity of trade unions with the status of all-Ukrainian and republican or associations of trade unions that have the same status may be prohibited by the decision of the Supreme Court of Ukraine.
A separate chapter of the Law enlists rights and duties of trade unions, their associations. The Law sets the list of guarantees for members of elective bodies of trade unions, associations of trade unions and authorized representatives of these bodies. Thereto, the employer undertakes to create proper conditions for activity of organizations of trade unions, which operate on enterprise, in institution or organization.
Responsibility is set for the persons who obstruct to exercise of the citizens' right to unite in trade unions, as well as for the officials who bar legal activity of trade unions or their associations.