Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Ukraine

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1961)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 2006)
Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) (Ratification: 2006)

The Committee takes note of the observations submitted by the Federation of Trade Unions of Ukraine (FPU) on the application of Convention No. 131 (minimum wage), and of the response of the Government, both received in 2016. It also notes the observations from the Confederation of Free Trade Unions of Ukraine (KVPU), received in October 2017, concerning the labour law reform. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Conventions No. 95 and 173 (protection of wages) together.

Legislative reforms. In its last comments, the Committee requested the Government to provide information on the finalization of the reform of the Labour Code. The Committee notes the Government’s indication, in its report, that: (i) the Parliament Committee on Social Policy, Employment and Pensions set up a working group to review the draft Labour Code before its second reading; (ii) the working group held around 40 meetings in 2015 and 2016; (iii) the working group paid particular attention to the Memorandum of technical comments prepared by the ILO in 2016 on the draft Labour Code; (iv) in April 2017, the Parliament Committee considered that the revised draft Labour Code was ready for its second reading. The Committee notes that, while the Government did not provide a copy of the revised draft Labour Code, the KVPU submitted observations on that draft legislation. The Committee notes in particular that the revised draft Labour Code would replace both the Labour Code of 1971 and the Wages Act of 1995, which were the main pieces of legislation giving effect to the ratified Conventions on wages. In this context, the Committee requests the Government to provide information on the finalization of the labour law reform, and to report in detail on how effect will be given to ratified Conventions on wages in the new legislative framework.

Moreover, the Committee notes the Government’s indication in its report that the Ministry of Social Policy established a working group with representatives of national workers’ and employers’ organizations to develop legislative initiatives on the satisfaction of workers’ claims in case of the employer’s insolvency. It notes in this regard that on 18 October 2018, the Parliament adopted a Code on Bankruptcy Procedures. The Committee requests the Government to provide detailed information on how this new Code affects the application of Convention No. 173.