Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes a communication dated 24 August 2010 from the International Trade Union Confederation (ITUC) submitting its comments on the application of the Convention and alleging, in particular, acts of anti-union discrimination and interference, as well as poor enforcement of court decisions examining cases of violations of trade union rights. The Committee also notes the Government’s observations thereon.

The Committee had previously noted the Government’s indication that work on drafting of the new Labour Code was ongoing and requested the Government to provide information on developments in this respect. The Committee notes that the National Forum of Trade Unions of Ukraine (NFTU) and the Confederation of Free Trade Unions of Ukraine (KVPU) submitted, in communications dated
30 April and 8 July 2010, respectively, that such legislation, if adopted, would have a negative impact on trade union rights and activities. The Committee notes, in particular, the concerns raised by the KVPU with regard to the issue of representativity and collective bargaining rights. The Committee notes the Government’s reply thereon. According to the Government, by its decision of 20 May 2008, the Supreme Rada of Ukraine instructed the Committee on Labour and Social Policy to develop further the draft Labour Code in cooperation with representatives of the Cabinet of the Ministers, All-Ukrainian trade unions and All-Ukrainian employers’ organizations. To that end, a working group was established on 4 June 2008. The Committee notes the Government’s indication in its latest report, that a new version of the Code was drafted, taking into account the ILO’s advice, which had been discussed by the Committee on Labour and Social Policy and the social partners. The Government further points out that the representativity thresholds were established by the unions after several consultations. The Committee requests the Government to provide the latest version of the draft Labour Code and encourages it to continue its cooperation with the social partners and the ILO in this respect and requests it to provide information on all progress made with regard to the adoption of the Labour Code.

Article 4 of the Convention. The Committee notes that, in its communication, the ITUC refers to the 2004 Model Statutes and Internal Rules for public limited companies, which, according to the ITUC, stipulates that works councils have a mandate for collective bargaining; however, the legislation does not provide for the establishment of such councils. The Committee requests the Government to provide its observations thereon.