Effect given to the recommendations of the committee and the Governing Body - Report No 321, June 2000

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

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

1. 91. The Committee last examined this case at its November 1999 meeting [see 318th Report, paras. 517-533]. On this occasion, it had requested the Government, in consultations with all trade unions concerned, to take all necessary measures to bring sections 11 and 16 of the Act on Trade Unions, their Rights and Safeguard of their Activities into full conformity with the provisions of Convention No. 87. These two sections dealt in particular with requirements regarding territorial competence, number of union members and registration formalities.
2. 92. In a communication dated 25 April 2000, the Government indicates that on 24 February of this year, at the initiative of the president of the All-Ukrainian Confederation of Workers' Solidarity and the president of the Confederation of Free Trade Unions of Ukraine, the question of sections 11 and 16 of the Act was discussed at a session of the National Council on Social Partnership (NSSP) which comprises, on a parity basis, 22 representatives of the Government, the trade unions and the employers of Ukraine. After taking into consideration the statement of these trade union leaders, the NSSP requested the Constitutional Court to speed up its examination concerning the constitutionality of the Act. The Government indicates that the NSSP also suggested to the trade union side to further examine the issue, taking into account the decision of the Constitutional Court, and after holding additional consultations among themselves, submit acceptable and concerted proposals for possible amendment of certain sections of the Act to the NSSP. The Government states that this issue will continue to be examined and further consultations and negotiations will be held with the trade unions, of which the ILO will be kept informed.
3. 93. The Committee takes due note of this information. It once again requests the Government to kept it informed of all relevant developments concerning the possible amendment of sections 11 and 16 of the Act on Trade Unions, their Rights and Safeguards of their Activities in line with the principles of freedom of association. The Committee draws the Government's attention to the availability of the ILO's technical assistance in this regard.