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

Paid Educational Leave Convention, 1974 (No. 140) - Ukraine (Ratification: 2003)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 4 of the Convention. Implementation of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received on 14 August 2018 which largely reproduces the information included in its previous reports. The Government again refers to provisions of the national legislation which provide the procedures for granting paid educational leave and indicates that employers are not entitled to refuse to grant an employee paid educational leave. The length of the leave is distinguished by the type of educational institution, the form of study and the course taken by the employee. The Government indicates that a new Labour Code is being drafted, which aims to widen the guarantees for workers who study while continuing to work and specifies that employees elected in trade union bodies are to be granted additional paid leave for trade union training in accordance with the arrangements set out in the collective agreement.The Committee requests the Government to provide updated information on the implementation of a policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention (training at any level; general, social and civic education; trade union education) and to provide a copy of the new Labour Code once it has been adopted. The Committee reiterates its request that the Government indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4).

Article 6. Participation of the social partners. The Government repeats its previous indication that the requirements of Article 6of the Convention are implemented when adopting regulatory and legal acts as legislation concerning socio-economic and labour rights may not be submitted for consideration by the Cabinet of Ministers of Ukraine or adopted without preliminary social dialogue.The Committee reiterates its request that the Government describe the manner in which public authorities, employers’ and workers’ organizations, and institutions providing education and training are associated with the formulation and implementation of the policy for the promotion of paid educational leave.

Part V of the report form. Practical and statistical information. The Government reports that inspections conducted in order to supervise the compliance of the labour legislation identified 395 violations in 2017 concerning the provisions on educational leave.The Committee requests the Government to provide detailed information on the nature of the recorded violations and to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave.