Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Ukraine (RATIFICATION: 1994)

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 29 February 2016. It also notes the Government’s reply, received on 15 November 2016.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates that the new General Agreement for 2016–17 was signed by the Cabinet of Ministers and confederations of employers’ and workers’ organizations on 23 August 2016. In the Agreement, the parties undertook to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121); the Occupational, Safety and Health (Dock Work) Convention, 1979 (No. 152); the Safety and Health in Construction Convention, 1988 (No. 167); and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In addition, measures were taken with the aim of preparing the ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Maritime Labour Convention, 2006 (MLC, 2006). To this end, the national legislation was reviewed and amended to ensure its compliance with Convention No. 151 and draft laws on their ratification were prepared with the participation of the competent authorities. The Committee notes that a draft Act on the Ratification of Convention No. 151 was signed by the relevant central authorities and the confederations of workers’ and employers’ organizations and is being submitted to the Cabinet of Ministers as per established procedures. The Government also refers to the information provided by the FPU in its observations made under article 23(2) of the ILO Constitution concerning alleged breaches of trade union rights. It indicates that each year the Ministry of Social Policy reviews the FPU’s findings on breaches of trade union rights and requests the competent authorities to verify the findings. The Government adds that when a breach is identified, remedial action is taken. The Committee notes the FPU observations alleging a lack of social dialogue in the formulation of national policies. As allegations regarding the development of national policy fall outside the scope of the Convention, they will not be addressed herein. The Committee recalls that the Convention requires the Government to hold effective tripartite consultations with the social partners on the specific matters established under Article 5(1) related to the Organization’s standard-setting activities; including proposed texts, the submission to the competent authorities of the instruments which are adopted, their re-examination at appropriate intervals, the reports to be made on ratified Conventions and proposals for the denunciation of ratified Conventions (see General Survey on tripartite consultations, 2000, paragraph 74).The Committee requests the Government to provide specific and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

CMNT_TITLE

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 29 February 2016. It also notes the Government’s reply, received on 15 November 2016.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates that the new General Agreement for 2016–17 was signed by the Cabinet of Ministers and confederations of employers’ and workers’ organizations on 23 August 2016. In the Agreement, the parties undertook to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121); the Occupational, Safety and Health (Dock Work) Convention, 1979 (No. 152); the Safety and Health in Construction Convention, 1988 (No. 167); and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In addition, measures were taken with the aim of preparing the ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Maritime Labour Convention, 2006 (MLC, 2006). To this end, the national legislation was reviewed and amended to ensure its compliance with Convention No. 151 and draft laws on their ratification were prepared with the participation of the competent authorities. The Committee notes that a draft Act on the Ratification of Convention No. 151 was signed by the relevant central authorities and the confederations of workers’ and employers’ organizations and is being submitted to the Cabinet of Ministers as per established procedures. The Government also refers to the information provided by the FPU in its observations made under article 23(2) of the ILO Constitution concerning alleged breaches of trade union rights. It indicates that each year the Ministry of Social Policy reviews the FPU’s findings on breaches of trade union rights and requests the competent authorities to verify the findings. The Government adds that when a breach is identified, remedial action is taken. The Committee notes the FPU observations alleging a lack of social dialogue in the formulation of national policies. As allegations regarding the development of national policy fall outside the scope of the Convention, they will not be addressed herein. The Committee recalls that the Convention requires the Government to hold effective tripartite consultations with the social partners on the specific matters established under Article 5(1) related to the Organization’s standard-setting activities; including proposed texts, the submission to the competent authorities of the instruments which are adopted, their re-examination at appropriate intervals, the reports to be made on ratified Conventions and proposals for the denunciation of ratified Conventions (see General Survey on tripartite consultations, 2000, paragraph 74). The Committee requests the Government to provide specific and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

CMNT_TITLE

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in August 2014, indicating that since the Government’s previous report in 2010, the following Conventions have been ratified: in 2010, the Occupational Cancer Convention, 1974 (No. 139), and the Occupational Health Services Convention, 1985 (No. 161); in 2011, the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), and the Safety and Health in Mines Convention, 1995 (No. 176); and, in 2012, the Occupational Safety and Health Convention, 1981 (No. 155). The Government provides detailed information concerning other Conventions that are being examined for ratification. The Committee invites the Government to continue including information on the tripartite consultations on the re examination of unratified Conventions (Article 5(1)(c)), as well as on the other matters related to international labour standards covered by the Convention.

CMNT_TITLE

Tripartite consultations required by the Convention. The Committee notes the detailed information provided by the Government in its report for the period ending June 2010, specifically on the procedures for consultation under the National Tripartite Socio-Economic Council and the prospects for ratification of Conventions Nos 139, 152, 155, 161 and 162. It further notes that, after holding discussions between different ministerial departments, it was decided that the ratification of Convention No. 117 would be premature. The Government also indicates that the ministries and departments are examining the possibility of ratifying the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee reiterates its interest in examining information on progress made towards the ratification of the abovementioned Conventions and, in particular, the tripartite consultations held with regard to other matters listed in Article 5(1) of the Convention.

CMNT_TITLE

Tripartite consultations required by the Convention. The Committee takes note of the information provided by the Government in its report received in August 2008 in reply to its 2007 comments. The Committee notes the information provided by the Government on the procedures for consultations under the National Tripartite Socio-Economic Council on matters set forth under the Convention. The Committee notes with interest that the ratification of the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), was registered in June 2008. In this regard, the Committee notes that, under the General Agreement for 2008–09, concluded between the Cabinet of Ministers of Ukraine, All-Ukrainian associations of employers and entrepreneurs and the All-Ukrainian trade unions and trade union federations, provision is made for consideration of the possibilities of ratification of the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161), and the Asbestos Convention, 1986 (No. 162), in 2008–09. Furthermore, the General Agreement provides for the Cabinet of Ministers of Ukraine to undertake, with the participation of the All-Ukrainian trade unions and trade union federations and the All-Ukrainian associations of employers and entrepreneurs to examine possible ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), before the end of 2009. The Committee would be grateful if the Government would continue to report regularly on the tripartite consultations held with regard to each of the matters listed in Article 5, paragraph 1, of the Convention.

CMNT_TITLE

1. Strengthening social dialogue. New tripartite council. The Committee takes note of the Government’s report received in October 2006. It notes with interest that, by Decree of the President of Ukraine of 29 December 2005 on the Development of Social Dialogue in Ukraine and the Law of August 1993 on Collective Agreements and Contracts, the National Social Partnership Council was dissolved and the National Tripartite Socio-Economic Council was established. The Government also adopted the regulatory instruments to give effect to the tripartite National Council. A draft law on fundamental principles of social dialogue in Ukraine was elaborated by the National Tripartite Socio-Economic Council. The Committee invites the Government to provide in its next report up to date information on the content and outcome of the consultations held in the National Tripartite Socio-Economic Council on matters related to international labour standards.

2. Article 5, paragraph 1(a) and (c) of the Convention. Tripartite consultation required by the Convention. The Committee further notes with interest that, as a result of the tripartite consultations, the ratification of Conventions Nos 131 and 173 was registered in March 2006. The Government reports that, under the framework of the tripartite General Agreement for
2006–09, it is preparing the submission for ratification of the European Social Security Code, as well as Conventions Nos 102, 117, 139 and 162. The Government also recalls that Conventions Nos 152, 155 and 161 are being examined. The Committee hopes that the Government’s next report will include information on the progress made with regard to the re-examination of non-ratified Conventions.

3. The Committee notes that the Government indicates in its report that no consultations had been held for the preparation of the Government’s replies to questionnaires concerning items on the agenda of the Conference, nor on the Government’s comments on proposed texts to be discussed by the Conference, as requested by Article 5, paragraph 1(a), of the Convention. The Committee hopes that the appropriate arrangements will be made for the inclusion of this matter in the tripartite consultations with the social partners and invites the Government to provide information in its next report on any progress made in this regard.

CMNT_TITLE

Tripartite consultations required by the Convention. Free choice of representatives. The Committee takes note of the Government’s reply of March 2005 to the comments that had been formulated by the Confederation of Free Trade Unions of Ukraine (KVPU) with regard to the appointments to the Board of the Fund for social insurance, which are made by each of the social partners independently. The Committee asks the newly elected Government to provide detailed information on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying the nature of any reports or recommendations resulting from the consultations. It would also appreciate receiving information on the manner in which the representatives of employers and workers for the procedures provided for in the Convention are chosen (Articles 1 and 3).

CMNT_TITLE

1. The Committee notes the Government’s report and the comments made by the Confederation of Free Trade Unions of Ukraine on the application of the Convention, transmitted to the Government in October 2004. It invites the Government to send its observations thereon and to continue to provide information on the following points.

2. Tripartite consultations required by the Convention. The Committee notes the general agreement concluded for 2004-05 between the Cabinet of Ministers of Ukraine and the social partners in order to strengthen social dialogue on matters related to national, social and economic policy. It notes in particular that consultations were held to consider ratification of Conventions Nos. 131, 152, 155, 161 and 173. The Committee requests the Government to continue to provide detailed information on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying the nature of any reports or recommendations resulting from the consultations. Please also indicate the manner in which the representatives of employers and workers for the procedures provided for in the Convention are chosen (Articles 1 and 3).

CMNT_TITLE

1. The Committee notes the Government’s detailed report and in particular the information regarding the consultations on the steps taken in order to ratify Conventions Nos. 81, 129, 155, 174 and 176. It further notes that the Cabinet of Ministers has recommended submitting to the Supreme Rada the proposal for the ratification of Convention No. 150. The Committee welcomes this information and trusts that the Government will continue to supply indications on the consultations undertaken on the questions covered by Article 5, paragraph 1, of the Convention.

2. The Government indicates in its report that a draft law on the ratification of Convention No. 67 is being prepared. In this regard, the Committee draws the Government’s attention to the fact that Convention No. 67 has ceased to be open to ratification since the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), entered into force.

CMNT_TITLE

The Committee notes the report from the Government and the detailed information it contains regarding the consultations undertaken on the questions covered by Article 5, paragraph 1, of the Convention concerning the examination of unratified Conventions with a view to their ratification (5(1)(c)) and the reports to supply on the application of ratified Conventions (5(1)(d)). The Committee asks the Government to continue supplying such information and hopes that its next report will indicate consultations undertaken on each of the other questions covered by Article 5, paragraph 1.

CMNT_TITLE

The Committee notes the Government's report with interest. It notes the particulars of the consultations held on the matters set out in Article 5, paragraph 1(c) and (d), of the Convention and their outcome. It hopes that in future these consultations will cover all the matters set out in Article 5, paragraph 1. The Government is asked to continue to provide detailed information in its future reports on the consultations held and on their frequency, and to specify the nature of all reports or recommendations resulting from the consultations, such as the minutes of meetings of the National Social Partnership Council (NSPC) which it appended to its first report.

The Government is also asked to undertake, in accordance with Article 6, consultations on the need to issue an annual report on the working of the procedures provided for in the Convention.

Lastly, with reference to its previous direct request, the Committee would be grateful if the Government would indicate the action taken on the NSPC's proposals for the ratification of ILO Conventions Nos. 88 and 135.

CMNT_TITLE

The Committee notes with interest the first report of the Government on the application of the Convention and the documents attached.

It notes the establishment of the National Social Partnership Council and its functions in relation to the provisions of Article 5 of the Convention.

The Committee would be grateful if the Government would continue to supply, for the periods covered by each of its next reports, information on the consultations which have taken place on each of the matters set out in paragraph 1 of this provision, including their frequency, and to specify the nature of all recommendations resulting from these consultations.

It also requests the Government to indicate in its next report (i) whether specific training for these procedures is found to be necessary, and reminds it that Article 4, paragraph 2, of the Convention does not oblige any of the parties to bear the financing of training but asks simply that appropriate arrangements shall be made (see Tripartite consultations, General Survey, 1982, paragraph 170); and (ii) whether tripartite consultations within the meaning of the Convention have been held on the advisability of issuing an annual report on the working of the procedures, and to supply information on such consultations, if any, as requested under Article 6.

Finally, the Committee notes the NSPC's proposals in favour of ratification of Convention No. 88 concerning the organization of the employment service, 1948, and of Convention No. 135 concerning workers' representatives, 1971 (subject to the law on trade unions).