Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. Binding force of minimum wage and periodic review of minimum wages. The Committee notes the comments of the Independent Trade Union of Miners (ITUM) of the Nikanor-Nova coal mine dated 27 July 2010 concerning the application of the Convention. According to ITUM, the state enterprise “Luganskugol” that manages the Nikanor-Nova coal mine has set the minimum wage rate as from 1 July 2010 at a level that is lower than the rate provided for under section 5.7 of the applicable collective agreement, i.e. 630 Ukranian hryvnas (UAH) instead of UAH1,129 for the workers engaged in underground work. Further, ITUM indicates that this is a situation that affects more than 200,000 workers; it should therefore be properly investigated and those responsible should be brought to justice while measures should be taken to prevent similar practices.

In addition, the Committee notes the comments of the National Forum of Trade Unions of Ukraine (NFPU) received on 30 April 2010 concerning the application of the Convention. The NFPU expresses concern about several provisions of the new draft Labour Code, which is scheduled for adoption by the National Parliament very shortly, including the possibility for the minimum wage to be determined centrally by the Government. In the view of the NFPU, this does not reflect modern labour market conditions; the active involvement of employers’ and workers’ organizations would be the only efficient way to ensure adequate wage rates while it would also be essential to provide for compensation of unpaid or underpaid sums through judicial means. The Committee requests the Government to submit any comments it may wish to make in response to the observations of ITUM and NFPU.