Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forty-Hour Week Convention, 1935 (No. 47) - Ukraine (Ratification: 1956)

Article 1 of the Convention. The principle of the 40-hour week. The Committee recalls its previous comment, in which it noted the comments of National Forum of Trade Unions of Ukraine (NFTUU) and the Confederation of Free Trade Unions of Ukraine (KVPU), dated 8 July 2010, concerning the provisions on hours of work contained in the draft new Labour Code, which is expected to replace the existing Labour Code of 1971. The Committee notes the new comments of the KVPU dated 5 July 2012, according to which section 143 of the draft new Labour Code practically allows for unlimited daily and weekly working hours. The KVPU also indicates that the provision in question authorizes the averaging of hours of work setting the maximum duration of work at 12 hours a day and 48 hours a week which contravenes this Convention. In its reply, the Government indicates that section 143 of the draft Labour Code authorizes the averaging of hours of work, provided that hours of work do not exceed on the average the normal limits of eight hours a day and 40 hours a week. The Government also indicates that a similar provision is to be found in section 61 of the Labour Code currently in force. The Committee observes, however, that the draft legislation does not appear to specify a maximum reference period for the purposes of averaging and also that the maximum duration of daily work fixed at 12 hours may be exceeded based on the worker’s consent. The Committee further notes that whereas the existing Labour Code requires an agreement with representative workers’ organizations at the enterprise level before the introduction of an averaging arrangement, the draft Labour Code does not contain analogous safeguards. The Committee once again refers to paragraphs 12 and 14 of the Reduction of Hours of Work Recommendation, 1962 (No. 116), which indicate that the principle of the 40-hour week should not be defeated by undue recourse to averaging or broad derogation possibilities. The Committee accordingly requests the Government to provide additional explanations on the conditions under which and the limits within which the averaging of hours of work and overtime work may be authorized under the draft new Labour Code in the light of the recognized principle of the 40-hour week. It also requests the Government to keep the Office informed of any new developments in the process of adoption of the new Labour Code, especially as regards the provisions on hours of work.