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Judge of the Grand Chamber of the Supreme Court Olha Stupak, Judge of the Supreme Court in the Administrative Cassation Court Serhii Ukhanenko, and Judges of the Supreme Court in the Civil Cassation Court Olena Bilokon and Yevhenii Krasnoshchokov served as trainers at a webinar for judges and court staff titled “Application of International Labour Standards in Judicial Practice”.
Serhii Ukhanenko delivered a presentation during the plenary session on the International Labour Organization’s (ILO) supervisory system for monitoring the application of international labour standards and the relevance of its supervisory bodies’ decisions for judges. He noted that the ILO’s control system includes several key bodies, each with defined functions, tasks, and powers. The speaker identified the main ones:
The lecturer provided a detailed overview of the activities and working specifics of each of these ILO supervisory bodies.
The judge emphasized that documents adopted by the ILO supervisory bodies are highly important for national and international courts when considering matters related to international legal norms. They serve as an authoritative source for interpreting conventions. In this context, Serhii Ukhanenko cited specific examples from case law. In particular, he referred to the ECtHR judgment in Demir and Baykara v. Turkey concerning freedom of association and collective bargaining (No. 34503/97), and the decision of the Constitutional Court of Spain on protection against discrimination in labour and employment (No. 38/1981).
These examples, as the speaker noted, demonstrate that although the CEACR comments and CFA conclusions are not legally binding, they hold significant authority for interpreting both conventions and national legal norms. The consistency of the Committee of Experts’ positions – evident in its regular references to its own prior conclusions – ensures coherence in the application of ILO standards.
In his presentation, the speaker also discussed common mistakes and offered practical recommendations on how to avoid them when using materials from the ILO supervisory bodies. He stressed the importance of always checking the most recent year of publication in NORMLEX, the information system on international labour standards, and clearly distinguishing CEACR (independent experts), CFA (a tripartite committee of the Governing Body), and CAS (a tripartite body of the International Labour Conference). It is also necessary to explain why the position of a supervisory body is relevant to the specific factual circumstances of a case. If the subject matter of the dispute aligns with the findings of a Commission of Inquiry or with recommendations issued following a representation under Article 24, this should be added as additional justification. Moreover, the judge recommended always indicating the Convention number and the article to which the position relates.
When assessing materials from ILO supervisory bodies, the following factors should be taken into account:
The event’s programme also included group sessions devoted to the subject matter. In particular, Supreme Court judges participated in a group focusing on international labour standards concerning freedom of association and collective bargaining, as well as their significance for judges.
Within this section, Olha Stupak spoke about ILO Convention No. 87 “Freedom of Association and Protection of the Right to Organise”, outlining its key provisions and providing interesting practical case examples. She recalled that Ukraine ratified this Convention on 11 September 1956, and its norms form part of national legislation. This international instrument guarantees the right of workers and employers to freely form and join organisations of their own choosing. State authorities must refrain from any interference that could restrict this right or impede its lawful exercise.
The speaker also drew attention to the fact that after the adoption of Conventions Nos. 87 and 98, the ILO saw the need to strengthen the protection of the right to organise in the countries that had ratified them. As a result, in 1951 the ILO Governing Body decided to introduce a special separate procedure and established the Committee on Freedom of Association. Olha Stupak outlined the scope of this body’s powers.
In addition, the presenter conducted a comparative analysis of the provisions of ILO Convention No. 87 with the norms of Ukrainian legislation. She examined the issues of the right to join trade unions and guarantees of their independence, as well as the right of trade unions and their organisations to form associations.
Olena Bilokon’s presentation focused on ILO Convention No. 98 “Right to Organise and Collective Bargaining”, which Ukraine ratified on 14 September 1956. The judge noted that the ILO Governing Body has designated Convention No. 87 and Convention No. 98 as fundamental instruments, which in fact complement each other.
Convention No. 98 forms part of international human rights standards and contributes to the development of a stable labour market. Its key objectives are:
In addition, the speaker examined in detail the scope of application of Convention No. 98 in comparison with national law enforcement, highlighted issues of protection against discrimination based on trade union membership, and addressed acts of interference in the activities of workers’ or employers’ organisations as well as mechanisms for protection against such actions.
Olena Bilokon's presentation is available here: https://court.gov.ua/storage/portal/supreme/prezentacii_2025/Prezent_Konven_kolekt_peregovoru.pdf.
Serhii Ukhanenko spoke about legal regulation in the field of freedom of association and collective bargaining. The speaker outlined key ILO Conventions, including Convention No. 87, Convention No. 141 “Rural Workers’ Organisations and Their Role in Economic and Social Development”, Convention No. 151 “Protection of the Right to Organise and Procedures for Determining Conditions of Employment in the Public Service”, Convention No. 154 “Promotion of Collective Bargaining”, and Convention No. 135 “Protection of the Rights of Employees' Representatives at Work and the Facilities Granted to Them”.
The judge also addressed the issue of the compliance of Ukrainian legislation with ILO standards. He provided an overview of international standards and national legislation, and highlighted the challenges and practical problems that arose in Ukraine in this field during 2022–2025.
Serhii Ukhanenko’s presentation is available at: https://court.gov.ua/storage/portal/supreme/prezentacii_2025/Prezent_Prav_regyl_svoboda_asotciac.pdf
Yevhenii Krasnoshchokov’s lecture focused on key issues of freedom of association and collective bargaining, as well as international principles for promoting collective bargaining. He presented the main ILO documents governing freedom of association and collective bargaining, and discussed key resources for the application of international labour standards.
The judge also examined mechanisms for resolving collective labour disputes in Ukraine and highlighted the legally established mandatory pre-trial procedure for settling such disputes. In this context, Yevhenii Krasnoshchokov provided a detailed analysis of the key positions of the Constitutional Court of Ukraine and the Supreme Court in this category of disputes. In particular, he discussed the following decisions: the resolution of the Civil Cassation Court of the Supreme Court of 27 November 2019 in case No. 296/1091/16-ц regarding the conditions for applying and the binding nature of collective agreements for their parties, and the resolution of the Civil Cassation Court of the Supreme Court of 6 February 2018 in case No. 521/4221/16 concerning the allocation of the burden of proof in labour disputes.
Yevhenii Krasnoshchokov’s presentation is available at: https://court.gov.ua/storage/portal/supreme/prezentacii_2025/Prezent_Kolekt_dogovoru.pdf
The group’s work concluded with a review and consolidation of the acquired knowledge through participation in an interactive game, “Toro Cup”.
The event was organised by the National School of Judges of Ukraine in cooperation with the International Labour Organization in Ukraine.
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