Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ukraine (Ratification: 1956)

The Committee notes the Government's report.

The Committee notes the Government's reply on the pending comments of discrimination against the Independent Trade Union of Miners (NPG) and its members by the management of the Barakov Mine in Krasnodon. The Government, referring to the inspections undertaken by the local labour inspectorate of Lugansk region, to verify compliance with labour legislation, states that no instances of contracts being offered to salaried employees who guarantee that they will not become members of the NPG have come to light. Furthermore, no violations of the Ukrainian Labour Code provisions regarding the lay-off procedure with respect to NPG members have been found and no facts indicating that managers' salaries are dependent on the number of members of the NPG have come to light. The Government adds that the problem of non-payment of wages affects workers in the entire enterprise, not only NPG members. The Government also states that information to the effect that management has taken a decision to shut down the NPG office does not correspond to actual fact: the NPG office is functioning as before in premises provided by the mine management. The Government's report also states that the collective agreement for 1998-99 was signed.

The Committee asks the Government to indicate whether NPG representatives were able to participate in the joint representatives body, as required by section 4 of the Act on Collective Agreements and Accords, in conformity with Article 2 of the Convention.