Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report.

The Committee notes the communication from the Confederation of Free Trade Unions of Lugansk Region (KSPLO) dated 6 April 2006, alleging refusal of the Zorinsk city council to register a collective agreement signed by the KSPLO and the administration of the “Nikanor Novaya” mine, and the communication of the Federation of Trade Unions of Ukraine (FPU) dated 7 June 2006, submitting general comments on the application of the provisions of the Convention and alleging unilateral breach of the General Agreement by the Government, and the Government’s observations thereon. In particular, the Committee notes with interest that the collective agreement at the “Nikanor Novaya” mine was duly registered by the relevant authorities. It further notes with interest the Government’s statement that in order to increase the role of trade unions and employer’s organizations in formulating national economic and social policy and further developing social dialogue, the National Tripartite Socio-Economic Council was established and held its first meeting on 15 June 2006.

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006. The Committee notes that the ICFTU alleges that trade union members are often subject to discrimination and that while anti-union discrimination is prohibited under the law and that the Criminal Code provides for sanctions of violation of trade union rights, no employer has ever been held liable under the provisions of the Code even when the courts have recognized cases of discrimination against trade union members. The ICFTU further alleges cases of employers’ interference in trade union activities and the refusal of employers to bargain collectively with independent trade unions. The Committee requests the Government to provide its observations thereon.

The Committee further notes the Government’s indication that the work on drafting of the new Labour Code was still ongoing and the draft chapter on collective agreements was sent for consideration to the Committee on social and labour issues of the Supreme Council of Ukraine. Noting with interest that the Government has accepted the technical assistance of the ILO in this respect, the Committee requests the Government to keep it informed of the developments regarding the adoption of the new Labour Code. It trusts that the new legislation will be in full conformity with the Convention.