Trade unions: real protection or a myth?
What is the first thing that comes to mind when you hear the word “trade union”? For many, it still evokes images of the Soviet legacy: associations of workers at large state-owned factories, the distribution of vouchers to health resorts, and New Year’s gifts for children. However, while we remain stuck in this stereotype, the global rules of the game in the labor market are changing rapidly. The labor union movement is becoming increasingly widespread around the world, and in Ukraine, even under martial law restrictions, the basic rights of labor unions have not been suspended.
Why are global giants afraid of unions?
There is currently a clear global trend toward the strengthening of the labor union movement. The organizing of workers at large companies should be viewed as part of the broader struggle for human rights in the digital age.
In particular, the Amazon case is a striking example. In 2022, warehouse workers in New York, after complaining about grueling working conditions, organized and secured the creation of the first union at Amazon in the company’s thirty-year history.
We see similar developments at Starbucks, where coffee shop workers in the U.S. have formed a union, as well as in the well-known strike by Hollywood screenwriters and actors who protested against the unchecked influence of artificial intelligence.
Europe is known for large-scale worker strikes, particularly strikes by transportation workers. One can recall the cases of Lufthansa and the German Railways (DB), where strikes effectively blocked air and rail traffic in Germany.
Did the unions of the companies listed above succeed in securing changes to working conditions for employees? Partly yes, partly no. That is why the strikes continue, and the unions keep putting forward new demands and fighting for the rights and interests of workers. What does the increasingly widespread formation of unions mean for business? It means that even in large tech companies and the most centralized firms, workers are able to unite and influence the rules of the game.
Ukrainian realities
In Ukraine, the right to form trade unions is guaranteed by the Constitution. The law grants trade unions fairly broad powers and tools to influence employers: from conducting collective bargaining to the right to demand the dismissal of a company’s director. However, in practice, trade unions do not always succeed in exercising these rights.
One of the most high-profile cases in recent times has been the case of the state-owned enterprise “Ukraerorukh.” The union demanded the termination of the employment contract with the acting director due to numerous violations of labor law.
The case was heard in court for over six years. In January 2026, the Grand Chamber of the Supreme Court put an end to the matter by overturning the union’s decision to dismiss the director. The court noted that despite the union’s right to demand the dismissal of the acting director, the union is obligated to prove the existence not of any violations, but specifically of substantial violations of employees’ collective rights.
This case demonstrates that the influence of trade unions on top management is, after all, limited, and the standards of proof are high.
The courts are currently considering another important case involving a lawsuit filed by a trade union against JSC “Ukrzaliznytsia.” This case concerns the application of the provisions of “wartime” Law No. 2136, which restricts certain labor rights of employees during wartime.
Based on this Law, JSC “Ukrzaliznytsia” suspended payments to employees for health benefits guaranteed by collective agreements starting in March 2022. However, the decision was made before the relevant enabling provision of the law took effect. In June 2024, the company’s board, without consulting the unions, adopted a new decision that did not restore employees’ rights but merely set payments at the minimum level.
The court of first instance has already partially granted the union’s claims. This case demonstrates that the union remains the only institution capable of mounting systematic resistance against a large employer.
In summary, it can be said with confidence that modern trade unions are potentially powerful organizations capable of defending the rights and interests of workers even in long-running court cases against corporate giants. And in Ukraine, especially during “wartime” restrictions, it is precisely the union of workers that can serve as a safeguard against the arbitrary violation of labor rights.
Kateryna Tsvetkova
Partner, Litigation and Dispute Resolution practice, Attorney at law
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