Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ukraine (Ratification: 1956)

The Committee notes the communication from the Trade Union Federation of Ukraine and the information supplied by the Government in this connection.

The comments of the above Federation concern the legality of sections 17, 18 and 19 of the Law of 1 July 1993 on collective treaties and agreements, which establish the financial liability of trade union representatives, and sanctions for failure to comply with collective treaties and agreements and for breaches of collective bargaining procedures. The Federation holds that these provisions constitute anti-union discrimination.

In its report, the Government indicates that the Law establishes equality between the parties and provides for administrative and disciplinary sanctions for both workers and employers for non-observance or violation of collective treaties and agreements or breaches of collective bargaining procedures. Decisions concerning sanctions are taken by the courts. According to the Government, these provisions are not in breach of the Convention.

In the Committee's opinion, the provisions in question, which place workers and employers on a par and serve to strengthen the collective bargaining process, do not impair application of the Convention.