Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the joint observations of the Federation of Trade Unions of Ukraine (FPU) and the Confederation of Free Trade Unions (KVPU), received on 31 August, 6 October and 12 October 2022, alleging that: (i) Law No. 2434-IX on Amendments to Some Legislative Acts Regarding Simplification of Regulation of Labour Relations in the Sphere of Small and Medium-Sized Enterprises and Reduction of Administrative Burden on Businesses infringes the right to collective bargaining by providing that the employment contract is the main tool for regulating labour relations in enterprises with less than 250 employees; (ii) Law No. 2136-IX on Organisation of Labour Relations Under Martial Law suspended certain collective agreement provisions for the period of martial law; (iii) Bill No. 2682 on Strikes and Lockouts proposes to exclude the collective labour disputes procedure from the legislation so as to resolve all disputed issues via the strike procedure; (iv) Bill No. 3204 on Amendments to Certain Legislative Acts of Ukraine Concerning the Validity of Collective Agreements proposes restrictions on the application of collective agreements; and (v) Bill No. 7628 on Collective Agreements and Treaties proposes to remove legislative regulation of the content of collective agreements, which weakens the protection of workers’ rights.

The Committee notes the Government’s reply to the observations of 31 August 2022, indicating that: (i) section 49 of the Labour Code, as amended by Law No. 2434-IX, provides that if not inconsistent with other provisions of the Code, employers and workers may, by mutual agreement, specify the terms of their employment relationship; and (ii) it is currently working on a draft Labour Code which does not contain the provisions set out in Law No. 2434-IX; and (iii) neither Law No. 2434-IX nor the draft Labour Code include restrictions on the right to collective bargaining. The Committee also takes note that the Government sent on 8 December 2022 its reply to the FPU and KVPU observations of 6 and 12 October 2022, which it will examine at its next session.

The Committee recalls that, with the only possible exception of the armed forces, the police and the public servants engaged in the administration of the State, the Convention applies to all companies and all workers. While noting the extremely difficult situation in the country since 24 February 2022, the Committee requests the Government to ensure that the legal reforms mentioned above fully comply with the Convention.

Recalling the importance placed on creating an enabling environment for the establishment, restoration or strengthening of employers’ and workers’ organizations in responding to crisis situations as set out in the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), the Committee reminds the Government of the availability of ILO technical assistance in this regard.

In the absence of a report from the Government on the application of the Convention, the Committee repeats its previous comments:

The Committee notes the observations of the Confederation of Free Trade Unions (KVPU) received on 9 October 2017 and 31 August 2018, of the International Trade Union Confederation (ITUC) received on 1 September 2018, as well as of the Federation of Trade Unions of Ukraine (FPU) received on 11 October 2018. The Committee requests the Government to provide its comments on the alleged violations of the Convention in practice, in particular acts of anti-union discrimination and interference contained therein.

The Committee notes the Government’s indication that a draft Collective Agreements Law had been drafted by the National Tripartite Socio-Economic Council and is being prepared for submission to the Cabinet of Ministers for consideration. The Government indicates that the draft will be submitted to the Office for comments. The Committee requests the Government to inform it of all developments in this regard.

The Committee notes the information provided by the Government on the number of collective agreements concluded at sectoral and territorial levels and the number of workers covered. The Committee requests the Government to continue to provide this type of information.