Problematic aspects of public control over compliance with labour legislation in Ukraine under martial law

The article is intended to examine issues related to the functioning of the labour market and public control over compliance with labour legislation under martial law in Ukraine. The authors analyse the impact of the legal regime of martial law on the system of labour relations, in particular on the activities of supervisory and control bodies in the field of labour. It is determined that the aggravation of the socio-economic situation, the destruction of enterprises, the relocation of businesses and the growth of non-standard forms of employment have created new challenges for ensuring the labour rights of employees. The article emphasises that the adoption of domestic legislation on the suspension of state supervision and control measures in the field of labour during martial law has led to a significant restriction of control and supervisory functions over compliance with labour legislation. At the same time, this has significantly increased the role of public control in this area.

The essence of the concepts of ‘supervision’ and ‘control’ in the context of labour relations, their differences and legal regulation are revealed. It is noted that public control, exercised mainly by trade unions, is an important tool for identifying and preventing violations of labour rights, the latter contributing to social justice and supporting social dialogue between employees and employers. The main areas of trade union activity are highlighted: control over the right to work, timely payment of wages, compliance with occupational health and safety requirements, participation in the investigation of accidents and protection against unemployment.

The article analyses the legal mechanisms for trade unions to exercise their supervisory powers and identifies the key problems they face during the war, such as limited access to enterprises, reduced awareness among workers, and reduced resources and coordination capabilities. It is emphasised that trade unions remain the most effective subject of public control, but they need state support and improvement of legal instruments for interaction with the authorities.

The authors conclude that improving the system of public control over compliance with labour legislation, expanding the range of its actors and introducing modern forms of control (in particular, remote monitoring) are important conditions for improving the protection of citizens’ labour rights and developing social justice in Ukraine in general, and under martial law in particular.