Effect given to the recommendations of the committee and the Governing Body - Report No 328, June 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 79. The Committee last examined this case at its March 2002 meeting when it requested the Government to ensure that the criminal proceedings against the president of the Independent Trade Union of Workers of the Ilyichevsk Maritime Commercial Port (the NPRP) are carried out with diligence [see 327th Report, paras. 113-117].
2. 80. In a communication dated 5 March 2002, the complainant stated generally that its trade union rights continue being violated and that continual refusal of the port administration to transfer trade union dues deteriorates the financial situation of the NPRP.
3. 81. In communications dated 15 March and 25 April 2002, the Government indicated that the Ministry of Labour and Social Policy of Ukraine asked the port management to settle the problem concerning the payment of trade union dues. It also recognized that according to the national legislation and existing collective agreement, the employer is under the obligation to make the necessary transfers and has no right to delay or hamper the process. The Government also indicated that disputes concerning the non-observance by the employer of this obligation are examined by the court.
4. 82. The Committee notes the information provided by the Government. While noting the Government’s indication that it has requested the port administration to take the necessary measures to resolve the question concerning the transfer of trade union dues to the NPRP’s account, the Committee regrets that no information was provided concerning the proceedings instigated against the president of the complainant’s organization. It once again recalls that trade union leaders, like anyone lese, should benefit from normal judiciary proceedings and that respect for due process of the law should not preclude the possibility of a fair and rapid trial. The Committee therefore urges the Government, once again, to ensure that the criminal proceedings against the president of the NPRP are carried out with diligence and requests to be kept informed of developments.