Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Case No 2038 (Ukraine) - Complaint date: 26-FEB-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 340. The Committee last examined this case at its March 2005 meeting when it expressed the hope that the relevant legislation, which would bring the Law of Ukraine on the State Registration of Legal Persons and Physical Persons/Entrepreneurs and the Civil Code into conformity with the law of Ukraine on Trade Unions, would soon be adopted [see 336th Report, paras. 121-126].
2. 341. In its communications of 15 April and 17 May 2005, the Government stated that in April 2005, the Ministry of Labour held meetings between representatives of the Government, leaders of employers’ associations, All-Ukrainian trade unions and trade union confederations. This led to the signing of a document providing for a specific mechanism to regulate issues relating to the rights and activities of trade unions. On the basis of the outcome of that meeting, the Cabinet of Ministers instructed the relevant authorities to take steps to implement the decisions of the meeting. At the same time, it requested the Supreme Court of Ukraine to examine any relevant judicial decisions, legal actions and substantive violations of trade union rights and proposed to the Office of the Prosecutor General to improve monitoring of compliance with the trade union legislation. Furthermore, the Government informed that, on 28 April 2005, the Ministry of Labour held another meeting between representatives of the Government, the Supreme Council of Ukraine, the Federation of Trade Unions of Ukraine and the Confederation of Free Trade Unions of Ukraine. The meeting was devoted to the discussion of the bill, drafted by the Ministry of Justice, to amend certain legislative acts with a view to bringing current legislation into line with Convention No. 87 and the Law on Trade Unions. Also, the Ministry of Labour has sent a letter to the Cabinet of Ministers proposing that the Ministry of Justice draw up interim provisions on the organizational and legal aspects of the legalization (registration) of trade unions in order to have interim provisions allowing the rights of trade unions to be safeguarded until the adoption of the bill. Furthermore, the Cabinet of Ministers gave instructions to the central executive authorities to issue systematic recommendations to their local offices regarding the application of section 16 of the Law on Trade Unions in a manner consistent with Convention No. 87.
3. 342. The Committee notes this information. It requests the Government to transmit the bill on the amendment of the Law of Ukraine on the State Registration of Legal Persons and Physical Persons/Entrepreneurs and the Civil Code to the Committee of Experts on the Application of Conventions and Recommendations once it has been adopted.