Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Protection of Wages Convention, 1949 (No. 95) - Ukraine (Ratification: 1961)

The Committee notes the observations made by the Kharkov City Committee of Trade Union of the Ukrainian National Academy of Sciences pointing out the non-payment of wages for four months (June to September), which was affecting 5,000 families of the state employees of National Academy institutions. The Committee recalls that it previously noted the observations made by the Republican Council of the Trade Union of Workers of the Coalmining Industry of Ukraine with regard to a similar problem as well as the information supplied by the Government in response on various measures it had taken so as to ensure the timely payment of wages in accordance with Article 12(1) of the Convention.

The Committee recalls that the present problem concerns the implementation in practice of the national labour legislation which gives effect to the Convention. It again emphasizes that the effective application of the Convention, through the national provisions giving effect to it, should comprise three principal aspects: supervision, appropriate penalties to prevent and punish infringements and steps to make good the prejudice suffered.

Noting that the Government has not provided comments on the situation in Kharkov, the Committee invites it to do so. It hopes that the Government will continue to take all measures to ensure the regular payment of wages and will supply information on them with particular reference to legislative and other measures for ensuring the application of relevant provisions in practice. Please also include, for instance, extracts from official reports that show the number of investigations made, infringements observed and penalties imposed.

Besides, the Committee recalls that the Government referred in its previous report among various measures, to the Decree issued by the President of the Ukraine on 14 September 1994, No. 53/94, concerning the issuing and circulating of promissory notes to cover the mutual debts of entrepreneurs and enterprises in Ukraine. Recalling that under Article 3 of the Convention the payment of wages in the form of promissory notes should be prohibited, the Committee asks the Government to supply a copy of this Decree and to indicate whether such promissory notes have also been used for the payment of wages.