Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the information contained in the Government’s report. It further notes the comments made by the Confederation of Free Trade Unions of Ukraine (KSPU) on the application of the Convention in practice.

Articles 1 and 2 of the Convention. In its previous request the Committee had asked the Government to indicate sanctions applicable in case of acts of anti-union discrimination other than dismissals, as well as the procedures which could be enacted to obtain reparation. The Committee further requested the Government to indicate the measures taken or envisaged to ensure full protection of workers’ and employers’ organizations against any acts of interference in the establishment, functioning or administration of workers’ or employers’ organizations, including the establishment of expeditious procedures accompanied by sufficiently dissuasive sanctions against such acts. The Committee notes the Government’s indication that the responsibility of the officials for the violation of the trade union legislation is set forth by article 46 of the Law on Trade Unions which provides that persons who prevent citizens from exercising the right to establish and join trade unions shall bear disciplinary, administrative or criminal responsibility. The Government further refers to the Penal Code of Ukraine of 2001. The Committee notes that according to article 170 of the Code, "wilful preclusion of legal activities of trade unions is punishable by correctional labour for a term of up to two years or imprisonment for a term of up to three years, with the loss of the right to occupy certain positions or engage in certain activities for a term of up to three years". According to article 172, unlawful dismissal of an employee in violation of labour law is punishable by a fine of up to 50 tax-free incomes or loss of the right to occupy certain positions or engage in certain activities for a term of up to three years, or correctional labour for a term of up to two years. The Committee notes that according to the KSPU, although the legislation provides for the protection against acts of anti-union discrimination and acts of interference, in practice, numerous cases of anti-union discrimination and acts of interference in trade union affairs (the KSPU provides details on 29 such cases) remain unpunished. The Committee requests the Government to transmit its observations thereon.

Article 4. With reference to its previous request to indicate whether the representatives of the Independent Trade Union of Miners were able to participate in the joint representatives body, as required by section 4 of the Law on Collective Agreements and Accords, the Committee notes the Government’s indication that the KSPU, to which the Independent Trade Union of Miners is affiliated, was a member of the joint representative body established in accordance with the Law on Collective Agreements and Accords to conclude the General Agreement at the national level for 2004-05. The sectoral agreement between the Ministry of Fuel and Energy of Ukraine, State Coal Production Corporation and the All-Ukrainian trade unions of the coal industry of Ukraine was signed on behalf of the trade unions by the Independent Trade Union of Miners and the Trade Union of the Workers of the Coal Industry of Ukraine.

Finally, the Committee notes the Government’s statement that on 26 May 2004, the draft Law on Introducing Changes in the Law on Collective Agreements and Accords was examined and approved by the National Council on Social Partnership. The Committee requests the Government to provide a copy thereof.