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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Ukraine (Ratification: 2000)

Article 3 of the Convention. National policy. In its previous comments, the Committee requested the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities for Women and Men with regard to issues concerning workers with family responsibilities. It also noted the Government’s previous indication that the draft Labour Code would contain provisions prohibiting discrimination against male and female workers based on family responsibilities. The Committee notes, from the Government’s report, that a new State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period up to 2016 envisaged measures to create a conducive climate for workers with family responsibilities, in particular, the roll-out of a model for reintegrating mothers and fathers into the world of work after their return from childcare leave, and that it places an emphasis on widening opportunities for workers with family responsibilities to find a successful work–life balance. The Government further indicates that a draft outline of the State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period until 2021 has been produced and discussed with the relevant government authorities, and international and civil-society organizations. The Committee notes, however, that the Government’s report is silent on the results achieved by the previous State Programme of 2006–10 and the State Programme which ended in 2016. In this regard, the Committee wishes to stress that, before developing new programmes, it is essential to assess first the results and effectiveness of the previous ones, to ensure that the programmes about to be developed are informed by the difficulties and challenges encountered in the implementation of previous programmes. The Committee further takes note of the draft Labour Code provided by the Confederation of Free Trade Unions of Ukraine (KVPU) in its observations on the application by Ukraine of the Equal Remuneration Convention, 1951 (No. 100). It notes with interest that section 290 of the draft Labour Code defines workers with family responsibilities as “mother, father, adopting parent, guardian, foster parents, and in some cases, another family member”. Noting that no information was provided on the practical application of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities for Women and Men, the Committee once again requests the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the abovementioned Law, with regard to issues concerning men and women workers with family responsibilities. It also requests the Government to indicate if, and how, the assessment of the State Programme of 2006–10 and the one which ended in 2016 have guided the drafting of the State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period until 2021. Finally, the Committee requests the Government to provide detailed information on the results achieved by the previous two programmes, in particular statistical data, if available, and on the measures taken or envisaged in the framework of the new State Programme once adopted.

Article 4. Leave entitlements and working-time arrangements for men and women workers with family responsibilities. The Committee previously noted that sections 176, 177, 179, 181, 182-2, 184, 185, and 186 of the Labour Code, concern leave entitlements and working-time arrangements for female workers and for fathers, only when they raise children without mothers. The Government indicates that, once the draft Labour Code is adopted, men and women workers with family responsibilities will enjoy equal rights and guarantees with regard to combining work and family life. Indeed, the Committee notes that sections 135, 142 and 257 of the draft Labour Code, among others, provide for working-time arrangements for workers with family responsibilities irrespective of gender. Section 201 also entitles any worker with family responsibilities to take “social leave”. However, the Committee notes that section 198 of this draft bill entitles men to take leave to care for a child under the age of 3 years only when a certificate from the mother’s place of work confirms that she has resumed work. The Committee also notes from the statistical data provided by the Government that, in 2015, childcare leave entitlement was taken by only 1.2 per cent of male workers. The Committee requests the Government to ensure that the draft Labour Code grants leave entitlements and working-time arrangements to men and women on an equal footing, and to provide a copy of the new Labour Code once it is adopted. It requests the Government to continue to provide information on the implementation in practice of leave entitlements and working-time arrangements, including statistical information, disaggregated by sex, on the number of beneficiaries of such arrangements.

Article 5. Childcare and family services and facilities. The Committee previously requested the Government to provide detailed statistical information on the availability of childcare services and facilities. The Committee notes the Government’s indication that day nurseries are available only to mothers who are studying at university. However, the Government does not provide any information on other types of childcare facilities which might be available to workers with family responsibilities. The Committee once again requests the Government to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage. It also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers, including men, with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee previously requested the Government to indicate the authorities and bodies responsible for information and education on gender equality and to provide information on the actions taken by them for the benefit of male and female workers with family responsibilities. The Committee notes the Government’s statement that, in 2015, it launched various awareness-raising campaigns to overcome the predominating stereotype that women are the main caretakers in the family. The information campaign “Happiness in four hands” highlighted the importance of the father’s involvement in the care of young children. The advertising campaign “Remember, it’s twice as easy together!” was launched in five major cities, including in Kiev, and encouraged spouses to share family responsibilities between them. The Committee also notes from the concluding observations of March 2017 of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Prime Minister has established a position of Commissioner on Equal Rights and Opportunities for Women and Men (CEDAW/C/UKR/CO/8, paragraph 22). The Committee requests the Government to pursue its efforts to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities. It requests the Government to continue to provide information on the measures taken in this regard and in particular on the results achieved. The Committee also requests the Government to indicate whether the Commissioner on Equal Rights and Opportunities for Women and Men has been appointed, and to provide information on its mandate, indicating whether this authority is responsible for information and education on equality between men and women workers and, in particular, for workers with family responsibilities.

Article 7. Vocational guidance and training. In its previous comments, the Committee requested the Government to provide information on vocational guidance and training specifically targeting workers with family responsibilities, in order to enable them to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities. It notes that the Government’s reply once again only refers to the numerous vocational guidance and training opportunities for unemployed persons without providing information specifically regarding workers with family responsibilities, such as, for example, statistical information on the number of male and female workers with family responsibilities participating in the vocational guidance and training programmes offered. Consequently, the Committee reiterates its requests that the Government indicate any measures taken or envisaged concerning vocational guidance and training, specifically targeting men and women workers with family responsibilities in order to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 11. Employers’ and workers’ organizations. Recalling that employers’ and workers’ organizations have the right to participate, in a manner appropriate to national conditions and practice, in devising and applying measures designed to give effect to the provisions of the Convention, the Committee requests the Government to provide information on any measures taken to seek the participation and collaboration of workers’ and employers’ organizations in this regard, such as their consultation in the preparation of legislative measures, or their direct assistance in the provision, for example, of childcare facilities.

Application in practice. Noting the absence of information provided in this regard, the Committee once again requests the Government to provide information on any studies, surveys or reports that may enable it to assess how the principles of the Convention are applied in practice, as well as any related judicial decisions, and cases of infringement of the Law on Ensuring Equal Rights and Equal Opportunities for Women and Men and the Labour Code reported to, or detected by, the labour inspection services.