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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ukraine (Ratification: 1961)

1. The Committee notes the Government’s report. It also notes the communication dated 31 August 2004 from the Confederation of Free Trade Unions of Ukraine (KSPU) which contains comments on the application of Convention No. 100. As these comments relate to gender equality in employment more generally, the Committee is addressing them under Convention No. 111. The Committee also notes the additional comments from the KSPU which the Government forwarded to the ILO in September 2005.

2. Articles 2 and 3 of the Convention. Discrimination on the basis of sex. According to KSPU, women face many obstacles with regard to equal participation in the labour market. It alleges that widespread discrimination by employers against women in recruitment limits their employment opportunities and that women are increasingly concentrated in low-paid jobs, occupations and sectors. It further alleges that private and public sector employers openly indicate preferences for employing male workers and that the State Employment Service supports such discrimination by requesting employers to indicate the desired sex of workers to be employed and by including the sex of the worker in vacancy announcements. Labour inspectors are inadequately trained to deal with discriminatory recruitment practices and no statistical information regarding the number of complaints and contraventions involving discrimination exists. In its reply to KSPU’s communication, the Government generally states that it is taking steps to ensure that all citizens enjoy equal labour rights regardless of sex and outlines the provisions relating to equal employment opportunities contained in the Constitution and labour legislation. While noting the KSPU’s statement that the Government was trying to address sex discrimination in the labour market, the Committee requests the Government to provide detailed information on the specific measures taken to eliminate discriminatory recruitment practices in the private and public sectors.

3. The Committee also refers to its previous comments on existing gender inequalities in the Ukrainian labour market where it emphasizes that the banning of discrimination is generally insufficient to eliminate it. In order to achieve the objectives of the Convention, it is necessary to take concrete and continuous measures to ensure and promote the enjoyment in practice of equality of opportunity and treatment for men and women who work or are looking for work. The Committee recommends that, in the given context, such measures should include the following: action to enhance the understanding and awareness of the principle of equality among public officials, workers, employers and society at large; measures to enable both men and women to reconcile work with family responsibilities in accordance with Convention No. 156, which the Ukraine has ratified; the promotion of equal opportunities for men and women in vocational training, retraining and career development; the enforcement of legal provisions on equality in employment and occupation; and the realization of workplace equality through collective bargaining. The Committee requests the Government to indicate in its next report the specific measures taken or envisaged for tackling existing inequalities between men and women in employment and occupation, any cooperation undertaken with workers’ and employers’ organizations in this regard, as well as the results achieved through the action taken.

The Committee is raising other points in a request addressed directly to the Government.