Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Ukraine (Ratification: 1956)

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021 and both transmitted to the Government. The Committee requests the Government to provide its comments in this regard.

Articles 2(2)(c) and 4 of the Convention. Collective agreements. Cooperation with employers’ and workers’ organizations. The Committee requested the Government to indicate the measures taken, in cooperation with the social partners, to include explicit provisions on equal remuneration for men and women for work of equal value in collective agreements. In its report, the Government refers to a series of collective agreements, including the General Agreement on the regulation of fundamental principles and standards for the implementation of social and economic policy in employment relationships in Ukraine for 2019-2021, as well several sectoral agreements. These agreements address non-discrimination and equal rights and opportunities for men and women workers. The Committee also notes that the Government reports the approval of Methodological Recommendations, through Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, on provisions to be inserted in collective agreements and contracts to ensure equal rights and opportunities for women and men in employment relationships. The Committee notes however that the Government does not specify whether these recommendations provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value, or whether such explicit clauses are in practice included in the collective agreements in force. In its observations, the KVPU refers to section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) pursuant to which “collective agreements shall include provisions ensuring equal rights and opportunities for women and men” and “must provide addressing inequality where it exists in the wages of women and men, both in different sectors of the economy, and in the same industry”. However, the KVPU does not specify whether in practice, clauses that reflect explicitly the principle of the Convention are included in the agreements. The Committee therefore asks the Government to clarify whether any of the collective agreements in force, including the General Agreement, explicitly provide for equal remuneration for men and women for work of equal value and if the Methodological Recommendations of 2020 provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value.

[The Government is asked to reply in full to the present comments in 2023.]