Conceptual Foundations for Reforming Ukraine's Labour Legislation in the Context of European Integration and Modernisation of Labour Relations

Abstract

The article provides a comprehensive analysis of the conceptual foundations of the draft Labour Code of Ukraine and the mechanisms for adapting national labour legislation to European standards. It is substantiated that the current Labour Code of Ukraine, adopted in 1971, no longer corresponds to the modern conditions of labour market development, the digital economy and the spread of non-standard forms of employment. It is established that the existing model of legal regulation of labour relations does not ensure a proper balance between the flexibility of labour relations and the effective protection of employees’ rights, while formal compliance with the current legislation does not always guarantee effective protection in legal practice. The provisions of the draft Labour Code are analysed through the prism of the requirements of the International Labour Organization, the provisions of the European Social Charter (Revised) and the labour directives of the European Union. It is determined that the draft Code is aimed at de-Sovietising labour legislation, regulating individual and collective labour relations on the principles of freedom, equality and decent work, and implementing more than thirty European directives. Particular attention is paid to the issues of transparent and predictable working conditions, regulation of working time, reconciliation of professional and family responsibilities, and improvement of occupational safety mechanisms. It is proved that one of the key conceptual foundations of the draft is the combination of the principle of flexibility of labour relations with strengthened guarantees of social protection for employees.