Recognition of Strikes as Illegal in Ukraine: Law Enforcement Practice

Abstract

The Law of Ukraine No. 138/98-VR of March 3, 1998, "On the Procedure for Resolving Collective Labor Disputes (Conflicts)" provides that collective labor disputes (conflicts) may be resolved in court upon the request of the employer or an authorized person (body) to declare a strike illegal. In this context, the analysis of court decisions recognizing announced strikes as illegal is crucial for the development of consistent law enforcement practice. The purpose of this article is to analyze judicial practice at various court levels regarding the recognition of strikes as illegal and to identify the legal positions formed in this area. Methods. The study applies methods of systems analysis, classification, and grouping. Results. Based on the analysis of court decisions of different instances on the recognition of strikes as illegal in the period from January 1, 2015, to July 1, 2025, several key legal positions have been identified. These include: the procedure for initiating a strike must be preceded by the entry of employees into a collective labor dispute; violation of the procedure for making the decision to call a strike constitutes grounds for declaring the strike illegal; the importance of correctly identifying the proper defendants in claims filed by the employer or an authorized body seeking to declare a strike illegal; employees participating in a strike are obliged to take active steps, including engaging in the resolution of the collective labor dispute; the law does not allow postponement of a strike's commencement, nor does it permit recalculating the employer notification period based on the initial notice and its subsequent rescheduling; not every form of employee protest qualifies as a strike. Taking into account the established legal positions by parties to labor relations will contribute to ensuring the predictability of the legal consequences of their actions and to strengthening legal discipline in the sphere of labor relations.