Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes a communication dated 24 August 2010 from the International Trade Union Confederation (ITUC) submitting its comments on the application of the Convention and alleging, in particular, restrictions on the right to strike and a concerted campaign against the Federation of Trade Unions of Ukraine and its affiliates. The Committee takes note of the Government’s observations thereon.

The Committee notes with regret that once again, the Government’s report contains no information on the measures it had previously requested the Government to take so as to ensure that national legislation is in conformity with the following Articles of the Convention.

Article 2 of the Convention. The Committee had requested the Government to take the necessary measures to:

–           ensure the right of judges to establish organizations of their own choosing to further and defend the interests of their members;

–           amend section 87 of the Civil Code (2003), according to which, an organization acquires its rights of legal personality from the moment of its registration, so as to eliminate the contradiction with section 16 of the Trade Unions Act, as amended in June 2003, providing that a trade union acquires the rights of a legal person from the moment of the approval of its statute and that a legalizing authority confirms the status of a trade union and no longer has a discretionary power to refuse to legalize a trade union.

Article 3. The Committee had further requested the Government to take the necessary measures to:

–           repeal section 31 of the Law on employers’ organizations, which provides that the bodies of the State authority shall exercise control over economic activities of employers’ organizations and their associations;

–           amend section 19 of the Act on the procedure for settlement of collective labour disputes, which provides that a decision to call a strike has to be supported by a majority of the workers or two-thirds of the delegates of a conference;

–           indicate categories of public servants whose right to strike is restricted or prohibited; and

–           provide information on the practical application of article 293 of the Penal Code, according to which, organized group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein, are punishable by a fine of up to 50 minimum wages or imprisonment for a term of up to six months and, in particular, in respect of an industrial action.

The Committee expresses the hope that the Government will take the necessary measures to address the issues raised by the Committee and that its next report will contain information on the progress achieved in this respect.

The Committee recalls that in its previous observation it had requested the Government to provide its observations on the comments submitted by the Confederation of Free Trade Unions of Ukraine (KVPU) on a new draft Labour Code. The KVPU considered that such legislation, if adopted, would have a negative impact on trade union activities and referred in particular to the issue of representativity. The Committee notes that the National Forum of Trade Unions of Ukraine and the KVPU submitted the same in communications dated 30 April and 8 July 2010, respectively. The Committee notes the Government’s reply thereon. According to the Government, by its decision of 20 May 2008, the Supreme Rada of Ukraine instructed the Committee on Labour and Social Policy to develop further the draft in cooperation with representatives of the Cabinet of the Ministers, All-Ukrainian trade unions and All-Ukrainian employers’ organizations. To that end, a working group was established on 4 June 2008. The Government also points out that as rights of trade unions are governed by the Law on Trade Unions, the draft Labour Code does not reproduce provisions on that matter. With regard to the right of agricultural workers, the Government indicates that the draft Code would regulate labour relations, including of members of agricultural farms; Law on agricultural farms regulates rights of association and other specific issues. The Committee further notes the Government’s indication in its latest report that a new version of the Code was drafted taking into account ILO advice, which had been discussed by the Committee on labour and social policy and the social partners. The Committee requests the Government to provide the latest version of the draft Labour Code and encourages it to continue its cooperation with the Office in this respect and requests it to provide information on all progress made with regard to the adoption of the Labour Code.