Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. In its previous request the Committee had asked the Government to amend its legislation so that workers who are not trade union leaders were granted adequate protection against acts of anti-union discrimination other than dismissal (transfers, demotions and any other prejudicial acts), accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that according to the Government, article 22 of the Labour Code protects workers against any acts of anti-union discrimination and prohibits limitations on the rights of workers when concluding, changing or terminating a labour agreement. The Government also indicates that by virtue of article 5 of the Trade Unions Law, membership in a trade union shall not imply any limitations of the labour, socio-economic, political or personal rights and freedoms of citizens. The Committee asks the Government to indicate sanctions applicable in case of acts of anti-union discrimination other than dismissals as well as the procedures which could be enacted to obtain reparation.

Articles 2 and 3 of the Convention. In its previous request the Committee had also asked the Government to take measures to amend the legislation so that workers’ and employers’ organizations were granted adequate protection against acts of interference by each other in the establishment, functioning or administration of workers’ or employers’ organizations, and so that such protection be accompanied by effective and sufficiently dissuasive sanctions. The Committee notes that according to the Government article 6 of the Law on Collective Agreements and Contracts prohibits any interference which may restrict the vested rights of workers and their representatives, or forbid the implementation of these rights, on the part of bodies of the executive authority, economic management, political parties or owners, in the process of the conclusion and execution of collective agreements and contracts. The Committee considers that the need to protect workers’ organizations against acts of interference by employers or their organizations in their establishment, functioning or administration goes beyond the protection afforded by the Law on Collective Agreements which appears to be limited to the process of collective bargaining. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure full protection of workers’ and employers’ organizations against any acts of interference in the establishment, functioning or administration of workers’ or employers’ organizations, including the establishment of expeditious procedures accompanied by sufficiently dissuasive sanctions against such acts.

In its previous observation, the Committee had asked the Government to indicate whether the representatives of the Independent Trade Union of Miners were able to participate in the joint representatives body, as required by section 4 of the Act on Collective Agreements and Accords. The Committee notes that the Government’s report contains no reply to this matter (it had just stated in the previous report that another collective agreement was signed with the union), and once again requests the Government to provide information in this regard.

Finally, noting the report of the recent technical advisory mission to Ukraine, the Committee requests the Government to keep it informed of any developments in respect of the new draft Act on collective agreements and general agreements.