Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Ukraine (Ratification: 2016)

Other comments on C102

Direct Request

2020
2019

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The Committee notes the Government’s first report.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received in 2019, with respect to the delay and non-payment by employers of social contributions as well as the provision of the social security benefits to internally displaced persons. The Committee requests the Government to provide its comments in this respect.

Part II (Medical care) of the Convention. Application in practice. The Committee takes note of the information provided by the Government in its report and of the provisions of the legislation that give effect to Part II of the Convention. The Committee requests the Government to provide data on the number of health and medical personnel per population, as well as the number of state and municipal health establishments in the country. The Committee further requests the Government to indicate whether the medical care provided to the persons protected includes treatment against HIV-AIDS, tuberculosis and rare or orphan diseases, as well as access to high technology medical care and palliative care, and to provide information on the waiting time for patients to receive such care.

Parts V (Old-age benefit), IX (Invalidity benefit), and X (Survivors’ benefit). Benefits to be taken into account. The Committee notes that for the purposes of applying Parts V, IX, and X of the Convention, the Government refers to contributory earnings-related benefits and to means-tested benefits provided under three legal acts, namely the Act on mandatory state pension insurance No. 1058 IV of 2003, the Act on state social assistance to the persons not eligible for pension and persons with disabilities No. 1727-IV of 2004, and the Act on state social assistance to low-income families No. 1768-ІІІ of 2000. The Committee further notes the indication by the Government that the persons protected under Parts V, IX, and X of the Convention, are all individuals whose means during the contingencies do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67 of the Convention. The Committee points out that contributory earnings-related benefits and means-tested benefits cannot be combined for the purpose of applying Parts V, IX, and X of the Convention, respectively. According to the indications by the Government as to the categories of the population protected and the selection of Article 67 of the Convention for calculation of replacement rate, the Committee observes that the benefits that can be considered for the application of Parts V, IX and X of the Convention are those provided under the Act on state social assistance to the persons not eligible for pension and persons with disabilities No. 1727-IV of 2004 (Act No. 1727-IV of 2004) and the Act on state social assistance to low-income families No. 1768-ІІІ of 2000 (Act No. 1768-ІІІ of 2000).

Article 28 (Old-age benefit), 56 (Invalidity benefit), and 62 (Survivors’ benefit), in conjunction with Article 67 and Schedule to Part XI. Replacement rate of benefits. The Committee notes the indication by the Government that persons whose incomes are less than the subsistence minimum determined in accordance with the Act No. 966-XIV of 15 July 1999 on subsistence minimum are entitled to state social assistance according to the Act No. 1727-IV of 2004 and the Act No. 1768-ІІІ of 2000. The Committee notes that in accordance with Article 5 of the Act on the state budget of Ukraine for 2018, No. 2246-VIII of 2017, the amount of state social assistance paid to low income families cannot be more than 75 per cent of the minimum subsistence level for the family. The Committee further observes from the information provided by the Government, that the level of all social assistance benefits paid in respect of the family of a standard beneficiary which includes a dependent wife and two children, in case of invalidity benefit, and a widow and two children in case of survivors’ benefit, would be less than the level of the total subsistence minimum for the same households determined in accordance with the Act No. 966-XIV of 15 July 1999 on subsistence minimum. The Committee further notes the Government’s indication that in 2018, the subsistence minimum for persons who have lost their capacity to work was 1,373 Ukrainian hryvnias (UAH). The Committee observes that in accordance with Article 5 of the Act on the state budget of Ukraine for 2018, No. 2246-VIII of 2017, the level of subsistence minimum is set based on the available expenditure out of the state budget. The Committee further notes from the website of the State Statistics Service of Ukraine (http://www.ukrstat.gov.ua/) that in 2018, the subsistence minimum for persons who have lost their working capacity was UAH2,856. The Committee also notes the observations of KVPU indicating that almost half of all pensioners in Ukraine receive an old-age pension that is much lesser than the subsistence level of UAH1,936 determined for 2019. In addition, the Committee notes the 2017 conclusions of the European Committee of Social Rights on non-conformity of Ukraine with Article 23 (The right of elderly persons to social protection) of the European Social Charter on the ground that the level of the minimum old age pension is manifestly inadequate. The Committee recalls that benefits provided to all residents subject to a means test, such as the social assistance minimum pension, shall be, in accordance with Article 67 of the Convention, at a level sufficient to maintain beneficiaries and their families in health and decency. The Committee therefore requests the Government to provide explanations on how this requirement of the Convention is met and to provide the necessary calculations in accordance with Titles I–V of the report form for the Convention. In this respect, the Committee requests the Government to explain the methodology used for the determination of the level of subsistence minimum and to specify whether it is based on the national poverty line. The Committee also requests the Government to provide data on the absolute and relative poverty lines.

Part VI (Employment injury benefit). Article 36, in conjunction with Article 65(10). Adjustment of benefits. The Committee observes from the information provided by the Government that for the period 1 January 2016 to 1 January 2018, the level of adjustment of benefits granted in the event of permanent incapacity for work due to employment injury (0.76 points) and survivors’ benefit due to employment injury (0.60 points) was significantly less than the changes in the cost-of-living index (127.49 points) and earnings index (71.50 points). Recalling that the rates of periodical payments in respect of employment injury shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee requests the Government to take the necessary measures to ensure the adjustment of employment injury benefits accordingly.

Article 37. Qualifying period. The Committee requests the Government to indicate whether there is a qualifying period for entitlement to employment injury benefits.