On January 19, 2026, the group of MPs submitted to the Parliament the draft law “On Fair Wage System in Ukraine” №14387.
The draft raises several major concerns highlighted by Labor Initiatives lawyers, including:
In the process of determining the minimum wage, the draft law introduces a new body that will participate alongside unions, employers, and the government—an “exclusive agent from civil society.” This body is not mentioned in the social dialogue legislation. Therefore, the draft introduces a “3+” social dialogue when setting wages, which is highly controversial and not supported by either unions or employers. Additionally, the system for appointing this “exclusive agent from civil society” should be developed by the government, not through legislation, which raises questions about the body`s independence.
The draft law seeks to amend Draft No. 2937, “On collective bargaining agreements,” and to restrict public servants’ collective bargaining rights. It states that the only bargaining agent for wages at the state level is the government. In any ministry or other public authority, wages cannot be subject to a collective bargaining agreement. This violates the current social dialogue model at the local level and renders local public servant union chapters ineffective, as they cannot negotiate wages with central or local authorities.
According to the draft law, the general rule that it’s forbidden to include in employment contracts norms that lower workers’ guarantees **will have an exception—**if the employment contract is with a public servant and was concluded during martial law or a state of emergency, and it is clearly discriminatory.
The draft law introduces the ‘grades” wages system for public servants. Currently, this system is used only by large private companies and is often criticized by unions.
Secret of wages and non-disclosure. The draft law states that in labor contracts or in “internal rules” (the notion is unclear), it may be stipulated that a worker cannot disclose their wages to a third party. This will promote non-transparent wage systems and also make it almost impossible to bargain collectively about wages because unions will not be aware of them. Moreover, trade unions will be allowed to receive information only about union members’ wages, which will complicate, or even prevent, collective bargaining on wages at enterprises.
The draft law states that wages cannot be less than the minimum wage, except in cases of “non-fulfillment of prescribed scales of production, producing defective goods,” etc. This essentially creates a hidden system of fines that are prohibited by current law. In such cases, the legislation states that a worker may be reprimanded or terminated, or the employer may impose material liability on the worker.
Overall, the draft law uses unusual wording that does not align with current legislative practices, making it difficult for stakeholders and the general public to understand.
