Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Ukraine (Ratification: 2000)

Article 3 of the Convention. National policy. The Committee recalls its previous comments noting the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men, which makes the ensuring of equal opportunities for men and women in respect of combining work and family responsibilities and the promotion of responsible maternity and paternity explicit objectives of state policy on gender equality. It also recalls the Government’s previous indication that the draft Labour Code would contain provisions prohibiting discrimination against male and female workers based on family responsibilities. The Committee notes that the draft Labour Code has not yet been adopted and that no information has been provided on the practical application of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men. The Committee once again requests the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men with regard to issues concerning workers with family responsibilities. Please also provide detailed information on the state programme on the promotion of gender equality in Ukrainian society for 2006–10.

Article 4. Leave entitlements and working time arrangements for men and women workers with family responsibilities. The Committee notes the Government’s reference to sections 176, 177, 179, 181, 182-2, 184, 185, and 186 of the Labour Code, concerning leave entitlements and working-time arrangements for female workers. It also notes the Government’s indication that these provisions shall also be applied to fathers who raise children without mothers, including when mothers stay in a medical treatment facility for a long term. The Committee draws the Government’s attention to the fact that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention. The Committee therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. The Committee asks the Government to indicate any measures taken or envisaged to ensure that leave entitlements and working time arrangements are available to men and women on an equal footing, as well as any measures taken to seek the participation and collaboration of workers’ and employers’ organizations in devising and applying measures designed to give effect to the provisions of the Convention. It also asks the Government to provide information on the leave entitlements and working time arrangements in practice, including statistical information, disaggregated by sex, on the number of beneficiaries of such arrangements. The Committee trusts that the future Labour Code will provide for terms and conditions of employment for men and women workers with family responsibilities that will enable them to exercise their right to free choice of employment, and asks the Government to provide a copy of the new Labour Code once it is adopted.

Article 5. Childcare and family services and facilities. The Committee recalls its previous comments asking the Government to provide detailed statistical information on the availability of childcare services and facilities. It notes that the Government’s latest report contains no information in this regard. The Committee once again asks the Government to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes that the Government’s report contains no information concerning measures taken or envisaged to raise awareness on various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. The Committee recalls that Article 6 requires the competent authorities and bodies to take appropriate measures to promote information and education. The Committee requests the Government to indicate the authorities and bodies responsible for information and education on equality of men and women workers and regarding workers with family responsibilities and to provide detailed and specific information on the action taken by them to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, including stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that, according to sections 4(1)(e) and 9 of the Law on Employment of the Population, free training for unemployed persons in new occupations, educational institutions or in the state employment service, as well as free vocational guidance, consultation and training for jobseekers to the state employment service, are provided. However, the Committee notes that the Government does not provide any information on vocational guidance and training specifically targeting workers with family responsibilities. The Committee asks the Government to indicate any measures taken or envisaged concerning vocational guidance and training, specifically targeting workers with family responsibilities in order to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Parts III to V of the report form. The Committee once again asks the Government to provide information on any judicial or administrative decisions concerning cases or disputes involving the provisions of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men and the Labour Code relating to workers with family responsibilities.