Tetyana Verbovetska, chairman of the primary trade union organisation of railway workers of the Zaporizhzhia Railway Directorate, chairman of the professional section of transportation services and commercial work of the Trade Union Council, initiated a petition to the Verkhovna Rada of Ukraine to repeal Article 11 of the Law of Ukraine ‘On the Organisation of Labour Relations under Martial Law’ 2136-IX of 15.03.2022 (as amended).
This Article provides that certain provisions of a collective agreement may be suspended for the period of martial law at the initiative of the employer. However, this provision lacks legal certainty (clarity, comprehensibility and unambiguity), allowing for manipulation by the employer (party to the collective agreement) and violation of the rights of trade unions and employees. Despite the fact that the article provides for the employer’s initiative (and initiative and decision are not identical concepts), unscrupulous employers rely on it to make unlawful decisions, thereby narrowing the rights of employees, which are already limited under martial law.
Let’s support our colleague’s important initiative!
