Current issues of labor law reform in the sphere of collective bargaining regulation

The article explores the regulation of social and labor relations through collective bargaining in the context of a market economy and the ongoing transformation of labor law in Ukraine. It establishes that the collective agreement serves as a key instrument of social partnership at the local level, allowing for the alignment of the interests of employers and employees, reduction of social tensions, and protection of workers’ rights. In light of challenges related to labor law reform, martial law, and the rise of remote and hybrid work models, there is an increasing need to revise and modernize the legal regulation of collective agreements. Within the context of the newly adopted Law of Ukraine “On Collective Agreements and Contracts” No. 2937-IX, dated February 23, 2023, the author analyzes the main legislative innovations, including the definition of a collective agreement, mechanisms of its conclusion, the possibility of new trade unions joining existing agreements, updated procedures for reconciling positions in social dialogue, and the suspension or termination of certain provisions under force majeure circumstances. It is argued that the new Law is aimed at aligning national legislation with European standards, though some of its provisions may present practical implementation challenges. Special attention is given to the lack of a unified theoretical definition of a collective agreement in Ukrainian law and its interpretation in international legal instruments (notably ILO Conventions) and academic literature. The article highlights improved structural and substantive approaches introduced by the new Law, expanded trade union functions, greater participation of civil society organizations, and clarification of negotiation participants’ rights. The authors conclude that the collective agreement must evolve into an effective legal institution that not only formally exists but also meaningfully adapts imperative labor law norms to the conditions of individual enterprises, fostering social harmony and labor market stability. The article emphasizes the need for a state policy that encourages the conclusion of collective agreements, supports meaningful social dialogue, and enhances the legal culture of labor relations stakeholders.