LEGAL REGULATION OF TRADE UNIONS' PARTICIPATION IN THE PROTECTION OF THE LABOR RIGHTS OF CREATIVE WORKERS: PROBLEMS AND DIRECTIONS FOR IMPROVEMENT

Abstract

The article provides a comprehensive study of the legal regulation of trade unions’ participation in the protection of the labor rights of creative workers in Ukraine. The relevance of the research is обусловлена the transformation of the modern labor market, the spread of non-standard forms of employment, and the increasing importance of the creative economy, which necessitate a reconsideration of traditional mechanisms of labor law protection.

The legal nature of trade unions as subjects of labor law is analyzed, and it is established that they function not only as public associations but also as subjects of collective law enforcement, implementing representative, supervisory, and protective functions. At the same time, it is determined that the effectiveness of trade union protection is limited by the gap between formally established powers and their practical implementation.

Special attention is paid to the legal status of creative workers, which is characterized as complex and hybrid, combining elements of employment relations, self-employment, and intellectual property rights. It is substantiated that the traditional “employee - employer” model does not adequately reflect the specific nature of creative labor, which requires adaptation of collective protection mechanisms to project-based, freelance, and hybrid forms of employment.

The study identifies key problems of legal regulation, including normative fragmentation, the gap between formal inclusiveness of trade unions and their actual functional capacity, the absence of specialized labor law guarantees for creative workers, and weak institutional integration between trade unions and creative unions. It is established that the lack of coordination between these entities leads to duplication of functions, regulatory gaps, and reduced effectiveness of collective representation.

Based on the conducted analysis, directions for improving legislation are proposed, including the normative differentiation and coordination of competences between trade unions and creative unions, the introduction of a model of mandatory coordination, and the integration of labor, professional-corporate, and intellectual property elements into a unified system of protection of creative workers’ rights.

Keywords: creative workers, labor rights, trade unions, collective protection, creative labor, self-employment, legal regulation, creative unions, labor relations