Underground Work (Women) Convention, 1935 (No. 45) - Ukraine (Ratification: 1961)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Independent Trade Union of Miners of the Nikanor – Nova Coalmine, received on 27 May 2014.

Article 7 of the Convention. The Committee notes that the Safety and Health in Mines Convention, 1995 (No. 176), which is the modern standard on this subject and provides for preventive and protective measures for all mineworkers, irrespective of gender, was ratified by Ukraine in 2011. The Committee takes this opportunity to recall that, based on the conclusions of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work, the States parties to Convention No. 45 should be invited to contemplate ratifying Convention No. 176, and possibly denouncing Convention No. 45 (see GB.283/LILS/ WP/PRS/1/2, paragraph 13). The Committee also recalls that, in conformity with Article 7, Convention No. 45 will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee invites the Government to provide information on any decision taken in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information that the Convention continues to be applied through legislation indicated in previous reports and that the Government continues to take the necessary measures to release women from physical work in mines. Noting that no statistical information was included in the Government’s report, the Committee requests the Government to provide updated statistics regarding the number of women employed in the mining industry and the type of function they hold.

With reference to its previous comments regarding the possible ratification by the Government of the Safety and Health in Mines Convention, 1995 (No. 176), and denunciation of the present Convention, the Committee recalls that according to established practice, the present Convention will be next open to denunciation during a one-year period from 30 May 2017 to 20 May 2018. The Committee requests the Government to keep it informed of any further developments in these respects.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report and the attached documentation. It notes in particular that the employment of women in underground work in mines is regulated by section 10 of the Safety and Health at Work Act of 21 November 2002 and that currently only women holding supervisory positions or in health-care and social welfare occupations are employed in mines. According to the statistical information provided by the Government, at present some 31,298 women between 25 and 55 years of age are employed at 39 state coalmining enterprises, including 1,394 women working underground.

2. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that with respect to underground work the States parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176) and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos. 4, 41 and 89, "the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant-nursing roles) has always been and continues to be controversial" (paragraph 186).

3. In the light of the foregoing observations, and also considering that the general trend worldwide is to provide protection for women in a fashion that does not infringe their rights to equality of opportunity and treatment, the Committee invites the Government to consider the possibility of denouncing Convention No. 45 and to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers. In this respect, the Committee recalls that according to established practice the Convention will be next open to denunciation during a one-year period from 30 May 2007 to 30 May 2008. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government in its report.

The Committee notes the statement of the Government in its report to the effect that, in accordance with Order No. 381 of 27 March 1996 of the Cabinet of Ministers of Ukraine, various measures have been taken to disengage women from underground work and that these measures have been taken by enterprises and monitored by the public authorities. The Committee also notes that there are a total of 1,019 women currently in the mining industry (in engineering, health or social services, or in posts that do not involve manual labour) and a total of 196,100 women in the coal industry.

The Committee requests the Government to continue to provide information on progress made on the programme implemented under the above Order and on the application in practice of the Convention. It also requests the Government to provide a copy of Order No. 256 of 29 December 1993 of the Ministry of Health respecting the list of jobs prohibited to women.