Soon after organizing to advocate for formal recognition as workers and protections at work, domestic workers in Ukraine won a significant victory when President Volodymyr Zelenskyy signed a new law on May 22 regulating domestic work and affording new protections to domestic workers.
Significantly, the law recognizes and defines domestic work and domestic workers, and affords them all labor rights and guarantees, including normal working hours, overtime compensation, daily and weekly rest periods, and paid annual leave. It guarantees domestic workers’ right to a safe and healthy work environment and makes employers responsible for ensuring safe working conditions. The law also establishes an employment contract as the primary means of formalizing the working relationship and sets a minimum age for domestic workers.
Last year, the first survey to evaluate the working conditions of Ukraine’s domestic workers found that lacking contracts and formal recognition left most respondents vulnerable to low pay, wage theft, confusion about employment status, exclusion from the country’s pension system and minimal capacity to exercise their right to freedom of association. Most reported working without formal terms and conditions of employment.
“This is an important development for Ukraine’s human rights protection and Euro-integration efforts,” said Tristan Masat, Solidarity Center Ukraine country program director. “Domestic and care workers are among the most isolated and vulnerable groups in the economy, and with so many Ukrainians working in-household jobs in the EU, it’s valuable to see the government take a strong and progressive position on the rights of these workers in Ukraine.”
Tetiana Lauhina, founder of the Union of Home Staff
While the new law allows domestic workers and employers to codify the terms of employment in a contract and protects domestic workers under Ukraine’s labor laws, much work remains to enforce the law and secure better protections for domestic workers.
Tetiana Lauhina, founder of the Union of Home Staff, said the law has been a long time in coming. “We have been waiting for this law since 2015. It’s a strong step in the right direction. Next, we’d like to see the International Labor Organization’s Convention 189 on domestic workers ratified by Ukraine. Its ratification and implementation is a major goal for the Union of Home Staff.”
In a first for Ukraine, in-home childcare workers including nannies and babysitters organized and then elected domestic worker Tetiana Lauhina to head their new labor organization, Union of Home Staff (UHS).
“[My colleagues] are amazingly hard-working and well-educated. I want all of them to be recognized as workers and officially protected,” says Lauhina in a video interview.
The Union of Home Staff (UHS), formed by 17 domestic worker activists, will vigorously advocate with Ukraine’s lawmakers and government to ensure protections for domestic workers and formalization as workers under the country’s labor law.
As an outgrowth of nongovernmental organization Union of Home Staff (UHS), the new union will continue to use its allied organization’s name and acronym, UHS, expanding its services as an information hub and community center, including for its 1,800 Facebook members.
Ukraine’s first nationwide survey of domestic workers last year found that working without contracts and formal recognition had left most survey respondents victims of low pay, wage theft, confusion about employment status, exclusion from the country’s pension system and minimal capacity to exercise their right to freedom of association. And, without legal formalization as workers, Ukraine’s domestic workers lack access to care rights and services for themselves and their families—including maternity and child benefits, long-term care services and disability compensation for workers who die or are injured in their employers’ homes.
“[The domestic worker] is not secure and she is nobody for the state,” says Lauhina.
Because women account for three-quarters of the 75.6 million domestic workers globally, domestic worker rights are key to the achievement of gender equality. On International Women’s Day this year, the ILO issued a new policy brief urging governments and employers’ organizations to ensure that domestic workers have access to labor rights and social protections.
Nongovernmental organization UHS was formed in 2019 with support from Ukraine labor rights nongovernmental organization Labor Initiatives (LI) and the Solidarity Center to raise awareness about labor rights challenges for Ukraine’s care economy workers and support the country’s legislative efforts to formalize domestic work.
Only a worker rights-based approach can ensure that Europe’s growing numbers of teleworkers can fully exercise their fundamental labor rights—including to decent work, which includes safe working conditions—said International Lawyers Assisting Workers Network (ILAW) members Mihail Cebotari, Inna Kudinska, George Sandul and ILAW Europe and Central Asia Regional Coordinator Tamar Gabisonia during the launch of three new ILAW telework reports last week.
The webinar, centered on three new ILAW reports, surveyed the regulatory environment impacting teleworkers in Moldova, Poland and Ukraine. Poorly regulated telework tends to shifts financial and labor rights risks onto workers, who can experience longer work hours and burnout, unsafe working conditions, and constant employer surveillance. Isolation, meanwhile, can increase workers’ vulnerability to exploitation, discrimination, harassment and other abuse, including domestic violence. And, say unions, without proactive measures teleworkers will likely have fewer opportunities to participate in union activities and develop the sense of solidarity that builds and supports collective power.
“ILAW’s research findings allow all of us the opportunity to pursue better protection of teleworkers in our own countries and, through our participation in the network, to work on similar issues collectively,” says Georgian Trade Unions Confederation (GTUC) Deputy Chairman and founding ILAW Board member Raisa Liparteliani.
“Telework is not a separate form of employment relations and, therefore, all workers should enjoy all labor rights equally.”
Due to the COVID-19 pandemic—and, in Europe, the war in Ukraine—the share of the employed population working from home has increased exponentially. The International Labor Organization (ILO) estimates that approximately one in six jobs at the global level, and just over one in four jobs in advanced countries, could be done at home, including telework. By the end of 2022, an estimated 31 percent of all workers worldwide were to be fully remote or hybrid.
Report recommendations include:
In Moldova, to bring national regulations on remote work into line with the European Union Framework Agreement on Telework, ensure that telework is voluntary and reversible, and that teleworkers be adequately protected by effectively enforced health and safety regulations.
In Poland, to prevent the misuse of civil law contracts to deny teleworkers their rights under law, adopt clearer health and safety protections that balance the employer obligation to ensure worker safety with the privacy rights of workers, adopt provisions to address overtime work and ensure the right to disconnect, and institute mechanisms to tackle the systemic discrimination, violence and harassment often directed at remote workers.
In Ukraine, to implement and enforce regulations in conformity with the best European and world legislative practices on telework and remote work—including fully incorporating the principle of voluntariness in remote and home-based work, adequately addressing discrimination and health and safety risks, and protecting workers’ right to privacy.
The new reports are part of an ongoing ILAW research series on telework and worker rights, which includes a regional report on telework in the Americas, along with ten national reports on Brazil, Colombia, Costa Rica, Ecuador, Mexico, Panama, Peru and Uruguay, released in 2022. Research on telework in Mauritius and South Africa is forthcoming this year. The ILAW Network’s Future of Labor Law Wiki also contains model legislative language and analysis of how to regulate telework.
The Solidarity Center’s ILAW Network is a forum for labor and employment law practitioners who grapple with the legal and practical issues that directly affect workers and their organizations.
Flagging a high number of work-related deaths and life-altering injuries in the country during the first ten months of this year, Solidarity Center partners Confederation of Free Trade Unions of Ukraine (KVPU) and Federation of Trade Unions of Ukraine (FPU) are educating their members and leadership on how to better protect themselves at work despite an erosion of worker rights under martial law—and monitoring and pushing back on any further deterioration of the country’s labor legislation. While the increase in work-related deaths and injuries endangers all workers, those charged with restoring or rebuilding essential infrastructure destroyed during Russia’s military aggression against Ukraine are especially at risk.
“We support the Ukrainian government and people as they defend against Russian attacks, but weakening worker rights will not make that defense stronger,“ says Solidarity Center Europe and Central Asia Regional Program Director Rudy Porter. “If workplace safety standards are ignored or not enforced, the increase in unnecessary workplace deaths and injuries will make defending the country more difficult.”
ILO member states, including Ukraine, are required to respect and promote all five ILO fundamental principles and rights at work, regardless of their level of economic development and whether they have ratified relevant conventions.
In the first nine months of 2022, 474 workers died in the workplace—half in war-related incidents—and 4,426 workers were injured in work-related accidents, according to data from Ukraine’s Social Insurance Fund. Even before the war, Ukraine had a high number of occupational injuries: On average, 4 000 employees suffer from work-related accidents in Ukraine each year, of which almost one in 10 dies.
Should workers be injured or killed, they and their families will struggle to access compensation from Ukraine’s Social Insurance Fund due to significant delays in the investigative process required to trigger payouts, say Ukraine’s unions. Although the State Labor Service (SLS) has proposed remedial measures to speed up such investigations, martial law provisions this year have reduced the SLS to an advisory-only entity that cannot effectively require employers to comply with remaining occupational health and safety protections, such as provision of adequate safety training and personal protective equipment. Under martial law, for example, and by order of the Ukraine Cabinet of Ministers starting in March, the SLS was required to suspend all unscheduled occupational safety and health inspections.
In heroic acts, especially on the front lines, Ukraine’s workers are risking life and limb to restore infrastructure such as electricity, roads, buildings and bridges. For example, last month a team of five repairmen in Ukrenergo reportedly worked more than six hours while suspended at a height of more than 300 feet in freezing cold, while risking artillery fire, to repair damage to a high-voltage overhead line.
To achieve European Union (EU)membership, which Ukraine is currently seeking, the country’s EU association agreement requires that the country fulfill several obligations, including occupational safety and health reform to ensure compliance with International Labor Organization (ILO) health and safety conventions 81 and 129.
In a significant assault on worker rights, Ukraine’s parliament earlier this year moved forward with legislation that deprives around 73 percent of workers of their right to union protection and collective bargaining during martial law, despite strong national and international condemnation on the grounds that it violates key ILO Conventions.
In a significant assault on worker rights in Ukraine, President Volodymyr Zelensky last week signed into law legislation that deprives around 73 percent of workers of their right to union protection and collective bargaining.
“For more than 15 months, the Federation of Trade Unions of Ukraine, in solidarity with other trade unions, with support of the international community, actively opposed promotion of the anti-labor draft law,” the Federation (FPU) said in a statement.
The Confederation of Free Trade Unions of Ukraine (KVPU) stated, “KVPU will not tolerate a blatant violation of the rights of workers, their constitutional guarantees and international norms and standards. We will continue the fight for workers’ rights.”
The law references “freedom of contract,” which the non-governmental organization Labor Initiatives says “provides ample room for employers to prescribe literally any provisions in a contract, while workers, desperate for jobs during a pandemic, will likely accept such provisions.” Labor Initiatives is a Solidarity Center partner that works closely with unions and other NGOs, analyzes labor laws and advocates for worker rights at the individual and national levels.
The law applies to Ukrainian companies with fewer than 250 workers, and is valid during martial law in Ukraine, but labor experts express concern that it may be extended.
The law, which amended the Labor Code of Ukraine, is the latest in a string of legislation targeting worker rights and the ability of unions to function freely. For the past two years, lobbyists have pushed laws in Parliament that reduce wages, limit the use of formal contracts that ensure workers have job stability and weaken their collective voice by targeting unions. Under the restrictions of martial law and the chaos of war, members of Parliament have passed many of these measures.
“Instead of having some greater protection of labor rights, greater protection of the people who are baking bread, washing dishes or cleaning the streets, since March we faced very regressive labor reform in Ukraine,” George Sandul, a Kyiv-based labor lawyer, said on the latest episode of The Solidarity Center Podcast, where he detailed the laws.
Global Opposition to Attacks on Worker Rights
The global labor and human rights communities have widely rallied in support of workers and their unions in Ukraine, many taking part in an online campaign to oppose the legislation.
The FPU points out that in 2021, the European Parliament indicated as part of the European Union–Ukraine Association Agreement that Ukraine’s “measures to improve the business climate, attract direct investment and promote economic development cannot be implemented at the expense of limiting workers’ rights and worsening working conditions.”
With martial law prohibiting workers from public protest and strikes, the FPU, KVPU and other Ukrainian trade unions say they will challenge the law in Ukraine’s Constitutional Court, the International Labor Organization and other international and European bodies.
“We will also vigorously oppose dozens of other anti-labor and anti-union pieces of legislation that government lobbyists are trying to push through the Parliament,” the FPU says.
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