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Review article

https://doi.org/10.22598/iele.2024.11.1.8

THE RESTRICTION OF LABOUR RIGHTS IN WAR CONDITIONS: THE UKRANIAN EXPERIENCE

Olena Kyselova ; Max Planck Institute for the Study of Religious and Ethnic Diversity, Göttingen, Germany


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Abstract

The full-scale Russian invasion of Ukraine has once again sparked discussions about the mechanisms for ensuring sustainable peace. It is imperative to confront this challenge to safeguard world security and democratic values. Neglect of economic, social, and cultural rights during acts of aggression and other emergency situations can lead to further violations of human rights and, in turn, to further conflicts. The negative challenges faced by Ukraine, and as a result by many other countries, require all possible resources to be mobilized. The critical challenges for the Ukrainian economy are currently represented by a decline in production, an increase in the number of unemployed, weakening stability of state finances, and threats to the currency stability. And obviously, the difficulties arisen have once again shown strong interdependence between labour law and the economic system. As you know, effective social and labour relations constitute an essential component of the business climate. The need for new and effective market mechanisms for regulating labour relations creates new tasks for labour legislation and, at the same time, requires achieving the balance of interests of the parties to labour relations. In this regard, regulations of labour relations under the conditions of the COVID crisis and the war in Ukraine have undergone significant changes and updates, exposing quite a few problems in various social relations areas and requiring an adaptation to the society development under current conditions. Throughout the article, a key point of the author is that in a democratic society, any restrictions on the rights and freedoms of a person and a citizen, even under martial law, must be reasonable and justified. This article critically analyzes recent labour legislation reforms in Ukraine, exploring their implications for employees’ rights and the broader socio-political context. It underscores the necessity for balanced legal reforms that uphold labour rights while facilitating economic growth and adaptation to international standards, especially amid challenging wartime conditions.

Keywords

International Labour Organization; international labour standards; labour regulation; employment protection; labour flexibility; human rights

Hrčak ID:

318730

URI

https://hrcak.srce.hr/318730

Publication date:

30.6.2024.

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