Моніторинг Омбудсмана України за дотриманням трудових прав працівників в умовах воєнного стану

There has been a global increase in labour rights violations. The main reasons for this include low wages, the replacement of employment contracts with subcontracts, the spread of informal employment, and the establishment of a minimum subsistence level that does not provide a decent standard of living for workers and their families. Europe has also seen the worst labour rights compliance records in the last decade. In Europe, the last decade has also seen the worst indicators of compliance with workers’ rights. It is emphasised that Ukraine’s integration into the European legal space requires respect for human and civil rights, in particular the right to work. It is stressed that most labour rights violations remain traditional, as the state has long paid insufficient attention to them. Such violations include wage arrears, informal employment, etc. It is also noted that the minimum subsistence level does not meet the standards for ensuring the normal functioning of the body and maintaining human health. It is pointed out that the minimum wage does not cover the basic needs of workers and contradicts the requirements of International Labour Organisation Convention No. 131 and EU Directive 2022/2041. The report outlines the specific features of violations of the right to work caused by the full-scale invasion. It analyses the differences in migration processes before and after the start of the war and identifies the threats to Ukraine’s economy associated with migration. Changes in the qualitative composition of the unemployed have been identified. Particular attention is paid to workers for whom additional social guarantees have been introduced in recent years (in particular, workers at critical infrastructure facilities and persons deprived of their personal freedom as a result of armed aggression against Ukraine). The role of the Ukrainian Parliament Commissioner for Human Rights in monitoring compliance with the right to work is revealed. It is emphasised that the results of such monitoring are regularly reflected in annual reports on the state of observance and protection of human and civil rights and freedoms in Ukraine. The focus is on priorities for the economy in observing the labour rights of workers.