Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the adoption of the law of Ukraine on the organizations of employers. It further notes the comments made by the Ukrainian Union of Leaseholders and Entrepreneurs (SOPU) on the application of the Convention and requests that the Government transmit its observations thereon. The Committee wishes to raise a certain number of points concerning the application of the following Articles of the Convention.

Article 2 of the Convention. Right of employers to establish and join organizations of their own choosing. The Committee notes that section X(3) of the law provides that the Confederation of the Employers of Ukraine shall represent the employers at the state level pending the establishment and registration of employers’ organizations and their associations. While noting that this section appears to be a provisional measure, the Committee asks the Government to indicate whether this provision in force since 24 May 2001 is still applicable. It further requests the Government to indicate the number and status of employers’ organizations currently registered under the new legislation and the manner in which employers’ organizations are representing employers at national level.

Article 3 of the Convention. Right of employers’ organizations to organize their administration. The Committee notes article 31 of the law, which provides that the bodies of the state authority shall exercise control over economic activities of employers’ organizations and their associations. In this respect, the Committee recalls that the right of workers’ and employers’ organizations to organize their administration without interference by the public authorities includes in particular autonomy and financial independence and the protection of the assets and property of these organizations (see General Survey on freedom of association and collective bargaining, 1994, paragraph 124). The Committee therefore requests that the Government repeal this provision and keep it informed of measures taken or envisaged in this regard.