Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. The Committee had previously noted the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006 alleging cases of anti-union discrimination and interference in trade union internal affairs and insufficient protection against such acts, as well as the refusal of employers to bargain collectively with independent trade unions. The Committee notes that some of these matters were dealt with in Case No. 2388 by the Committee on Freedom of Association, which concluded that this case did not call for further examination (see 350th Report). The Committee notes the comments submitted by the Independent Trade Union of Miners (ITUM) of the coalmine named after MP Barakov, Kzasnodon on the application of the Convention in communications dated 24 March and 19 April 2008 and the Government’s reply thereon. The Committee notes the comments submitted by the Confederation of Free Trade Unions of Ukraine (KSPU) in a communication dated 28 August 2008 and by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, referring to the new cases of anti-union discrimination and interference, as well as violation of the right to bargain collectively in the public and private sectors. While noting the ITUC’s statement that some of the incidents of trade union discrimination have been effectively addressed by the courts and that the Government has been making efforts to resolve the complaints reported to the Committee on Freedom of Association, the Committee requests the Government to provide its observations on the comments submitted by the KSPU and the ITUC.

Article 4. The Committee had previously noted the Government’s indication that the work on drafting the new Labour Code was still ongoing and the draft chapter on collective agreements had been sent for consideration to the Committee on social and labour issues of the Supreme Council of Ukraine. It requested the Government to indicate the developments regarding the adoption of the new Labour Code. The Committee notes from the Government’s report that on 20 May 2008, the Supreme Council of Ukraine adopted in the first reading, the draft Labour Code submitted by the people’s deputies. The Committee notes, in this respect, the KSPU’s communication dated 4 June 2008 submitting comments on the draft Labour Code (the version adopted in the first reading), which, in its opinion, would have a negative impact on trade union activities. The Committee notes that the Office is providing technical assistance to the Government and trusts that the new Labour Code will be in full conformity with the Convention. It requests the Government to indicate any developments in this respect.