COLLECTIVE ACTIONS IN LABOR DISPUTES: FOREIGN EXPERIENCE AND PROSPECTS OF NATIONAL PRACTICE

Abstract

The article addresses the pressing issue of the
absence of a legal mechanism for class actions in the
field of labor relations under Ukrainian procedural
law. The growing need for consolidated judicial
protection of workers is emphasized, particularly in
the context of increasing individualization of labor
disputes and widespread violations of labor rights.
The author presents a comprehensive analysis of
international experience with class action
mechanisms in countries of both the common law and
civil law traditions, including the United States,
Canada, the United Kingdom, Italy, France, and the
Netherlands.
The article provides illustrative cases of
successful labor-related class actions concerning
discrimination, unpaid overtime, and the unlawful
deprivation of labor rights. The comparative overview
highlights the strengths of opt-in and opt-out models
as effective instruments for ensuring access to justice
for large groups of workers with similar claims.
Against the backdrop of international practice,
the study critically examines the limited application of
joinder (procedural co-participation) and the
ineffectiveness of trade union representation in
Ukrainian labor disputes. It notes the lack of a clearly
defined collective action procedure in national
legislation and the fragmented judicial approaches in
practice.
The article argues for the necessity of
introducing a robust class action mechanism in
Ukraine, taking into account EU legal standards. The
author proposes several legislative improvements,
including the legal definition of a group
representative, adaptation of court fee structures,
development of digital tools for online consent and
participation in group claims, and granting trade
unions the right to initiate claims without requiring
individual powers of attorney from each member.
The conclusion emphasizes that the development
of collective labor claims in Ukraine could become a
key component of effective labor rights protection.
Future research is encouraged to focus on a
comparative legal analysis of opt-in and opt-out
models, the role of trade unions as initiators of
collective legal protection, and the implementation of
digital instruments to support class actions in the era of e-justice.

Keywords: labor dispute, employee, lawsuit, collective labor dispute, protection of labor rights, judicial protection, labor legislation, labor relations, adaptation.