Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report. It notes, in particular, that the new Constitution of Ukraine adopted on 28 June 1996 contains provisions prohibiting the use of forced labour (article 43), thus confirming the previously adopted national provisions on the subject.

1. With reference to its previous comments, the Committee notes with interest from the Government's report that, under point 2 of section 8 of the Act respecting the social and legal protection of military personnel and their family members, military personnel, with the exception of those serving for a fixed period, may at their own request be discharged from military service before they become entitled to retirement pensions. The Committee understands that discharge of military personnel at their own request is not dependent on other conditions for discharge, such as state of health. It would appreciate it if the Government would specify in its next report whether service will, in all cases be terminated at the unilateral request of those concerned, or whether termination depends on acceptance of the request by the authorities, and whether this may be refused in time of peace. The Committee would also appreciate it if the Government would supply a copy of the legal provision under which military personnel may ask for termination of their service.

2. Article 25 of the Convention. The Committee referred in its earlier comments to the enforcement of law, in particular section 31 of the Labour Code and section 133 of the Penal Code. The Committee noted the Government's indication in its previous report that penalties for infringement of labour legislation (administrative penalties in the form of fines under section 41 of the Code of Administrative Offences) had been strengthened by Act of 17 July 1992 which provided that fines for such offences, including section 41, were to be applied tenfold. The Committee also noted that a Bill to provide for an increase in the amount of the fine, including those under section 41, to up to ten times the minimum wage, was being prepared. It asked the Government to supply information on the action taken on this Bill. In addition, the Committee wondered whether pecuniary fines of the kind envisaged were really adequate to deter from the illegal exaction of forced labour, especially in times of inflation. The Committee accordingly requested the Government to give consideration to introducing into the Penal Code appropriate provisions to give effect to Article 25 of the Convention, and to report on any measures taken or contemplated to this end. The Committee also requested the Government to provide information on proceedings engaged and on sanctions applied under section 133 of the Penal Code.

Since no information has been supplied on these matters in the Government's latest report, the Committee hopes that the Government will not fail to supply the information requested in its next report.

3. As regards the use of auxiliary labour in agriculture, the Committee noted in its earlier comments the Government's indication that the recruitment of labour, formerly carried out under various decisions of governmental bodies of the Republic, is now organized exclusively on a voluntary basis. The Committee requested the Government to supply more details on the manner in which this voluntary labour is organized and to provide samples of agreements concluded between agricultural and industrial enterprises to which the Government referred in its previous report as to the basis for recruitment of labour for seasonal and agricultural work.

The Committee notes the Government' statement in its latest report that the practice of recruitment of labour for seasonal agricultural work based on mutually advantageous agreements between agricultural and industrial enterprises and exclusively on a voluntary basis, has not become widespread. In so far as the practice exists, the Committee reiterates its request to the Government to supply further details on the manner in which this voluntary auxiliary labour in agriculture is organized, in law and in practice, and to supply relevant texts.