PROTECTION OF EMPLOYEE RIGHTS IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Problem setting. In the current context of globalization and integration processes, the protection of employees’ rights as one of the key elements of social justice is of particular importance. The case law of the European Court of Human Rights (the “ECHR”) plays an important role in shaping the legal standards that affect labor relations in the countries that are parties to the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). However, in Ukraine, the issue of labor rights protection is still characterized by a number of problems: discrimination on various grounds, unjustified dismissals, restrictions on the right to strike, interference with employees’ privacy, etc. Analysis of recent researches and publications. This topic is always in the field of view of scientists and has been the subject of study by a large number of researchers, among whom a special place is occupied by Onyshko O.B., Kolesnik T.V., Selezen S.V., who in their works have studied certain issues related to the protection of workers’ rights at the level of the European Court of Human Rights. Also noteworthy is V. Zavgorodnyi, who in his monograph took a comprehensive approach to the study of the ECHR case law and its impact on the legal system of Ukraine. Purpose of the research. This study requires solving the following objectives: to determine the role and significance of the ECHR case law for the national legal system of Ukraine; to determine which employee rights are protected by the ECHR; to analyze specific ECHR judgments. Article’s main body. The authors examine the impact of the Court’s decisions on the national legal system of Ukraine and identify key aspects of the application of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms in Labor Relations. Particular attention is paid to the articles of the Convention that ensure the rights of employees, in particular, Art. 6 (right to a fair trial), Art. 8 (right to respect for private life), Art. 9 (freedom of thought, conscience, religion), Art. 10 (freedom of expression) and Art. 11 (freedom of assembly and association). Based on the analysis of specific cases, such as “Olexandr Volkov v. Ukraine”, “Dolgov v. Ukraine”, “Barbulescu v. Romania” and others, modern challenges in the field of ensuring labor rights are revealed. The article examines cases where employers or states allowed excessive interference in the private life of employees, restricted freedom of expression or discriminated on the basis of religious beliefs. It also emphasizes the importance of the right to association in the context of trade union activities and organizing strikes. Special attention is paid to the legal mechanisms of implementation of the practice of the ECHR in the national legal system of Ukraine. The Law of Ukraine “On the Implementation of Decisions and Application of the Practice of the European Court of Human Rights” (2006) establishes the binding nature of the Court’s decisions for Ukraine, which allows harmonizing national legislation with European standards. At the same time, emphasis is placed on the need to improve law enforcement practice in order to more effectively protect the rights of employees. The article is addressed to scientists, practicing lawyers, representatives of state bodies and trade unions. Its results can be used for further improvement of labor legislation of Ukraine and its adaptation to international standards. Conclusions and prospects for development. Currently, the rights of employees are not distinguished into a separate category at the level of the Convention, and their protection in the European Court of Human Rights is carried out through the prism of other rights that are clearly defined in it. At the same time, an important condition for the realization of the protection of rights is the readiness of states to enforce the judgments of the ECHR and implement systemic reforms to prevent similar violations in the future. This emphasizes not only the importance of the Convention as a legal instrument, but also the responsibility of states for the proper implementation of international standards. In general, the application of ECHR judgments in the context of labor rights contributes to the expansion of legal protection of employees in Ukraine, strengthening the standards established by national legislation. The use of the ECHR case law in law enforcement makes it possible not only to improve the observance of labor rights, but also to ensure the integration of European standards into the legal system of Ukraine, which is especially important in the context of the current socio-economic challenges faced by the country in the context of the war.