International labour standards in national case law: Supreme Court judges highlight the importance of international law

Training on the application of international labour law standards helps judges resolve disputes during martial law and amid ongoing legislative changes. This was emphasized by Supreme Court judges of the Civil Cassation Court Olena Bilokon and Yevhenii Krasnoshchokov, as well as Supreme Court judge of the Administrative Cassation Court Serhii Ukhanenko during a press briefing held by the National School of Judges of Ukraine and the International Labour Organization (ILO), in cooperation with the ILO International Training Centre (Turin, Italy), marking the completion of a certification course for trainers on the application of international labour standards in judicial practice.

The event presented the results of training for judges, judicial assistants and court staff, and discussed prospects for establishing a national corps of trainers on international labour standards, as well as the role of judicial practice in implementing international labour standards in Ukraine.

Serhii Ukhanenko noted that the provisions of international instruments ratified by Ukraine guarantee a broad range of rights that must be regarded as fundamental human rights. He stressed that, when resolving labour disputes, Ukrainian courts apply the provisions of the 1981 ILO Convention No. 155 on Occupational Safety and Health and the Working Environment. In doing so, they are guided, inter alia, by the non-binding instruments of the ILO Committee of Experts.

The speaker also pointed out that Ukrainian courts adhere to the provisions of the Vienna Convention on the Law of Treaties and, in the event of a conflict between national and international law, apply international law. Therefore, ILO conventions are being applied in judicial decisions with increasing frequency each year. In addition, Serhii Ukhanenko expressed hope that, following the introduction of training in international labour law, the reasoning of court decisions will include more arguments based, among other things, on international law norms.

Olena Bilokon emphasized the importance of judges’ knowledge in the field of international law and their ability to apply international labour standards.

She highlighted that the legislator has twice introduced significant amendments to labour legislation defining the specific regulation of labour relations during martial law. For example, a new concept – “suspension of employment relations” – was introduced, along with the possibility of transferring an employee to another job without his or her consent.  

These provisions are new both for the participants in labour relations and for judges. At the same time, courts have the important mission of protecting citizens’ rights and must maintain a fair balance between the rights of employees and employers. Under such conditions, courts have faced certain challenges when resolving labour disputes.

The speaker noted that, when necessary, courts may fill gaps in national legislation by applying both the ILO conventions and the non-binding opinions of the ILO Committee of Experts.

Therefore, Olena Bilokon stressed the importance of judicial training on the application of international labour standards. “The court speaks the language of judicial decisions. And I hope that in our judicial decisions we will see more than once the sound and professional application of the spirit of international labour standards,” the judge stated.

Yevhenii Krasnoshchokov noted that recognized international standards and principles do not require ratification; Ukraine’s membership in the ILO is sufficient for them to apply. Therefore, we must adhere to these principles.

He also emphasized that occupational safety is one of the core areas of work for the ILO and its supervisory bodies. At the same time, the speaker pointed out that an analysis of case law shows that among international instruments, Ukrainian courts most frequently apply ILO Convention No. 155 when resolving labour disputes. Thus, even by simply reviewing search results in the Unified State Register of Court Decisions by the convention’s title, one can find a great deal of useful material on how labour disputes are resolved.