Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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)).