Social Dialogue as an Instrument for the Realization of the Constitutional Right to Safe and Healthy Working Conditions

Abstract

The article provides a comprehensive examination of social dialogue as a key legal instrument for guaranteeing the constitutional right of workers to safe and healthy working conditions. It demonst¬rates that this right forms an inseparable element of the broader right to health and constitutes a fundamental constitutional value that supports public well-being, labour productivity, and the sustainable development of society. Special attention is devoted to the influence of contemporary challenges – the COVID 19 pandemic, the digitalisation of labour relations, martial law, and Russia’s armed aggression against Ukraine – all of which have intensified the need for stronger occupational safety guarantees and more effective mechanisms of employee participation in decision-making. The study analyses international labour standards, including ILO Conventions No. 155 and No. 187, relevant recommendations, and European regulatory frameworks that shape modern approaches to occupational safety and preventive policies. The article assesses the current state of Ukrainian legislation, particularly the Law on Social Dialogue, the existing and newly adopted laws on collective agreements, the provisions of the General and Sectoral Agreements, and the institutional capacity of tripartite socio-economic councils at national and sectoral levels. It argues that the practical implementation of social dialogue plays a decisive role in reducing workplace risks, improving employer accountability, and ensuring a functioning system of occupational safety governance. Particular emphasis is placed on the systemic nature of social dialogue as a continuous process of communication, negotiation, and coordination that enables the integration of workers’ perspectives into policy formation. The findings highlight that modernising the model of social dialogue, expanding its institutional tools, and aligning national law with international and European standards are essential prerequisites for reinforcing the constitutional right to health, enhancing protection of workers, and strengthening societal resilience in the face of ongoing crises and long-term structural transformations.