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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ukraine (Ratification: 1956)

The Committee notes the observations of the Confederation of Free Trade Unions (KVPU) received on 9 October 2017 and 31 August 2018, of the International Trade Union Confederation (ITUC) received on 1 September 2018, as well as of the Federation of Trade Unions of Ukraine (FPU) received on 11 October 2018. The Committee requests the Government to provide its comments on the numerous alleged violations of civil liberties and of the Convention in practice contained therein.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee recalls that it had previously requested the Government to take the necessary measures to ensure the right of judges to establish organizations of their own choosing to further and defend the interests of their members. The Committee notes the Government’s reiteration that by virtue of article 127 of the Constitution, professional judges cannot be members of trade unions. To remedy this situation and to ensure judges’ right to organize, the Ministry of Social Policy addressed the President of the country in November 2014, as well as the Verkhovna Rada in June 2015, with a request to take into account the observations of the Committee and lift the constitutional restriction. The Presidential Administration sent a corresponding proposal to the members of the working group on justice and related institutions of the Constitutional Commission for consideration. The Committee regrets the absence of further developments in this regard. It requests the Government to continue taking the necessary steps in order to ensure the right of judges to establish organizations of their own choosing to further and defend the interests of their members and to inform of all progress made in this regard.

Article 3. Right to organize activities and formulate their programmes in full freedom. With regard to the Committee’s previous request to amend section 19 of the Law on the procedure for settlement of collective labour disputes, which provides that a decision to call a strike has to be supported by a majority of the workers or two-thirds of the delegates of a conference, the Committee recalls that the Government’s initial indication was that this requirement would be lowered in the draft Labour Code. Subsequently, the Committee noted that the draft Labour Code did not contain provisions dealing with the manner in which the decisions to declare a strike were taken, and strikes carried out. The Committee had therefore requested the Government to clarify which legal provision will govern the exercise of the right to strike once the Labour Code is adopted. The Committee notes the Government’s indication that the current version of the draft Labour Code refers to the relevant provision of the Law on the procedure for settlement of collective labour disputes and, as concerns the majority required to call a strike, to its section 19. The Committee once again recalls that if the national legislation requires a vote before a strike can be held, it should ensure that account is taken only of the votes cast and the majority is fixed at a reasonable level. The Committee therefore once again requests the Government to take the necessary measures to amend section 19 of the Law on the procedure for settlement of collective labour disputes accordingly and to indicate the progress achieved in this respect.

The Committee had previously requested the Government to list specific categories of public servants whose right to strike is restricted or prohibited by the Law on Civil Service, pursuant to section 10(5) of which, civil servants are prohibited from exercising the right to strike. The Committee notes the detailed information provided by the Government on various categories of civil servants, which, however, does not indicate whether or not they can exercise the right to strike. Recalling that the right to strike in the public service may be restricted or prohibited only for public servants exercising authority in the name of the State, the Committee requests the Government to clarify which categories of civil servants exercise authority in the name of the State and whether some or all civil servants are prohibited from exercising the right to strike and to amend the Law accordingly.

The Committee had previously noted that pursuant to section 293 of the Criminal Code, organized group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein, are punishable by a fine of up to 50 monthly minimum wages or imprisonment for a term of up to six months. The Committee notes the Government’s general information about pretrial investigations into offences under section 293. The Committee once again requests the Government to provide information on the practical application of this section in respect of industrial actions.