LEGAL NATURE AND THEORETICAL BASIS OF THE ACTIVITIES OF TRADE UNIONS IN THE SYSTEM OF PROTECTION OF LABOR RIGHTS

Abstract

The article provides a scholarly legal analysis of the activities of trade unions within the system of protection of employees’ labour rights, taking into account contemporary transformations of labour legislation and socio-legal processes in Ukraine. The relevance of the study is обусловлена significant changes in the legal regulation of labour relations under martial law, which have substantially affected the scope and nature of trade union powers and their ability to effectively perform their protective function. The article examines the theoretical and legal foundations of trade union activities, clarifying their legal nature and functional role as a collective subject of labour law. It is substantiated that trade unions possess a special legal status, combining the features of civil society institutions with those of entities endowed with specific powers in the field of labour relations. Their activities in the system of labour rights protection are shown to extend beyond responding to violations and include participation in the formation of legal guarantees, the exercise of public control, and the development of social dialogue.

The regulatory framework governing trade union activities in Ukraine is analysed, with particular attention paid to labour legislation and special laws adopted during the period of martial law. It is demonstrated that temporary restrictions on certain labour rights and trade union powers have significantly narrowed the possibilities for collective protection of employees, especially in the areas of dismissal, changes in working conditions, and the exercise of the right to strike. At the same time, it is emphasized that such restrictions are exceptional in nature and must comply with the principle of proportionality.

The article highlights the transformation of trade union activities under martial law, which is manifested in a shift toward advisory, informational, and social support for employees. Judicial practice is analysed, indicating the priority of special wartime regulations while preserving certain guarantees for elected trade union representatives. Particular attention is paid to international standards in the field of freedom of association and collective labour rights protection, which recognise trade unions as an essential element of a democratic society even under exceptional legal regimes. It is concluded that trade unions remain an important component of the system of labour rights protection; however, the effectiveness of their activities largely depends on the improvement of legal regulation, the restoration of full-fledged mechanisms of social dialogue, and the alignment of national legislation with international labour standards.