Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 158) sur le licenciement, 1982 - Ukraine (Ratification: 1994)

Autre commentaire sur C158

Demande directe

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Article 2(2)(b) of the Convention. Exclusion of workers’ serving a probationary period from application of the Convention. The Committee notes the Government’s report, including the statistical information provided on the practical application of the Convention. In response to the Committee’s previous comments, the Government indicates that the revision of the draft Labour Code is still ongoing, and that in April 2016 the ILO provided technical assistance in this regard. Thereafter, a tripartite working group was established and continues to meet, with the objective of reconciling the positions of the social partners in respect of the draft Labour Code, taking into consideration the ILO’s recommendations in respect of the draft. The Committee notes the Government’s indication that pursuant to section 39 of the draft Labour Code, an employer and employee may agree, as part of the employment contract, that the employee will undergo a probationary period to verify the employee’s suitability for the position. The Government adds that section 41 of the draft Labour Code establishes a general three-month maximum probationary period, and that the probationary period for blue collar workers must not exceed one month. The Committee notes that a longer probationary period (up to six months) may be specified for managerial staff, including directors of legal entities or their deputies, chief accountants or their deputies, and directors of individual subdivisions of legal entities. The Committee requests the Government to indicate the reasons underlying the different probationary periods proposed for different categories of workers under the draft Labour Code. The Government is also requested to inform the Committee of developments in regard to the process of revising the draft Labour Code and to provide copies of the new Code once it is adopted.

Article 11. Probationary period. The Government indicates that an employer may dismiss an employee at the end of the probationary period with three days’ written notice where it is established that the employee is unsuitable for the position for which he or she was hired, or for the work to be performed. The Committee draws the attention of the Government to the fact that under Article 11 the period of notice provided must be “reasonable” and that the need for a notice period is independent of the requirement of valid reason for termination of employment (paragraph 240 of the 1995 General Survey on protection against unjustified dismissal). The Committee requests the Government to provide information on the manner in which effect is given to this provision of the Convention.

Parts IV and V of the report form. Practical application of the Convention. The Committee welcomes the statistical information provided by the Government on court decisions relevant to the application of the Convention. The Committee further notes the information provided by the Government in relation to the General Agreement on basic principles and standards for the implementation of socio-economic policy and labour relations in Ukraine (2010–12), which calls for branch and regional level collective agreements to set out the criteria and procedures for mass lay-offs of workers and, where these cannot be avoided, for coherent measures to help laid-off workers find employment. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including, current examples of collective agreements and court decisions involving questions of principle relating to the application of the Convention, including decisions addressing the probationary period and notice period, grounds for termination (Part IV of the report form), terminations for reasons of economic, technological, structural or similar reasons as well as available statistics on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided (Part V).