Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, denouncing the introduction in Parliament of draft Law No. 6420 on the Legal Regime of Property of All-Union Public Associations (Organizations) of the Former USSR (dated December 2021) and Draft Law No. 6421 on Moratorium on Alienation of Property of All-Union Public Associations (Organizations) of the Former USSR. The ITUC considers the revival of the two draft pieces of legislation in a time of war to be opportunistic and contrary to the Government’s international commitments. The Committee notes the Government’s indication that the two draft laws were developed to establish the legal basis for determining the ownership of property which, as of 1991, was in the possession or use of all-union public organizations of the former USSR, with a view to returning such property to state ownership. The Committee notes that the Committee on Freedom of Association has been called upon to examine the issue of trade union property on two occasions, in Case No. 2890 and more recently, in Case No. 3341 where it had noted the creation of a working group to discuss possible ways to regulate the issue and invited the Government to engage in consultations with the trade union organizations to find a mutually agreeable solution (see Report No. 392, October 2020, para. 966). Noting the ITUC allegation that the two draft laws were presented unilaterally without meaningful consultations with trade unions, the Committee requests the Government to take necessary measures to review draft Laws Nos 6420 and 6421 in full consultation with the most representative workers’ organizations with a view to finding a mutually agreeable solution. The Committee requests the Government to inform it of all developments in this regard.

The Committee also notes the joint observations of the Federation of Trade Unions of Ukraine (FPU) and the Confederation of Free Trade Unions (KVPU), received on 6 October 2022, alleging that Law No. 2136-IX of 15 March 2022 on Organization of Labour Relations Under Martial Law was adopted without prior consultation with the social partners and that it restricts the exercise of the right to organize. While taking account of the exceptional nature of the legislation, the Committee trusts that the Law will be declared null and void once the state of emergency / martial law regime is lifted.

The Committee further notes that according to the FPU and the KVPU, the following draft laws were introduced in Parliament without prior consultation with the social partners: draft Law on Labour; draft Law No. 2332 of 29 October 2019 on Amendments to Certain Legislative Acts Concerning the Procedure for Determining the Representativeness of Trade Union and Employer Organizations in Social Dialogue Bodies; draft Law No. 2682 of 27 December 2019 on Strikes and Lockouts; draft Law No. 2681 of 27 December 2019 on Amendments to Certain Legislative Acts of Ukraine (on Some Matters of the Trade Unions Activity); and draft Law No. 7025 of 4 February 2022 on Self-Regulatory Organizations. According to the FPU and the KVPU, these laws, if adopted, would violate the Convention by (i) restricting the rights of workers to establish organizations of their choosing and without previous authorization, imposing state control over trade unions, and (ii) restricting the right of trade unions to organize their administration and activities and to formulate their programmes in general, and the right to strike in particular. The Committee notes the above allegations with concern and recalls that all States have the obligation to respect fully the commitments undertaken by ratification of ILO Conventions. The Committee notes the Government’s indication in reply to the ITUC above-mentioned observations that the Ministry of Economy is ready for a comprehensive dialogue which would facilitate a full understanding of the spirit and provisions of international labour legislation as well as their implementation in Ukraine. The Committee notes the Government’s communication received on 8 December 2022 containing comments on the FPU and the KVPU allegations. The Committee will examine the Government’s reply at its next session. The Committee urges the Government to engage with the social partners in respect of the draft legislation affecting their interests and rights with a view to bringing the legislation into conformity with the Convention prior to any further consideration by Parliament. The Committee recalls that the Government may avail itself of technical assistance from the Office in this respect.

The Committee notes the extremely difficult situation in the country since 24 February 2022. In the absence of a report from the Government on the application of the Convention, the Committee recalls that it had previously requested 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;
• -to take the necessary measures to amend section 19 of the Law on the procedure for settlement of collective labour disputes so as to ensure that if the national legislation requires a vote before a strike can be held, account is taken only of the votes cast and the majority is fixed at a reasonable level;
• -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 section 10(5) of the Law on Civil Service so as to ensure 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; and
• -to provide information on the practical application of section 293 of the Criminal Code, which provides that 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, in respect of industrial actions.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.