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Application of the provisions of the Convention in practice. The Committee notes the Government’s detailed report received in November 2006, which includes information on the procedures for termination of employment and available mechanisms for appeal, as provided for under the Ukrainian Labour Code. Please continue to provide general information on the manner in which the Convention is applied in practice, including examples of recent collective agreements and court decisions dealing with grounds for termination, consultations with workers’ representatives in case of terminations for reasons of an economic, technological, structural or similar nature (Article 13, paragraph 1, of the Convention) and available statistics on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided (Part V of the report form).
The Committee notes the information contained in the Government’s report, particularly in response to the previous comments pertaining to Article 2, paragraph 2(c), Article 10 and Article 12, paragraph 1(a).
Article 13 of the Convention. Please supply in the next report examples of redundancy procedures contained in collective agreements.
The Committee notes the useful explanations provided by the Government in response to its request. It requests the Government to provide further explanation in its next report concerning the following points.
Article 2, paragraph 2(c), of the Convention. The Committee is given to understand that, pursuant to this provision, seasonal workers or temporary workers are excluded only from the application of provisions of Article 6 and Articles 13 and 14 of the Convention. Please indicate whether this is the case.
Article 2, paragraphs 4 to 6. The Committee notes the Government's confirmation that no category of employed persons is excluded from the application of the Convention under these provisions.
Article 6. The Committee notes that the protection provided under paragraph 1 of this Article is restricted, pursuant to paragraph 2, to a period of four months.
Article 10. Please provide examples of court decisions enforcing the reinstatement of the worker or the payment of compensation.
Article 11. Please indicate whether a notice period is compulsory in the event of dismissal for reasons of misconduct established under section 40 of the Labour Code. Please also indicate whether a reasonable period of notice is applied in other cases of dismissal relating to the conduct or the work of the worker.
Article 12, paragraph 1. Please indicate the measures adopted or envisaged in order to ensure that the amount of severance allowance is based, inter alia, on the length of service of the dismissed worker.
Article 13. Please provide examples of the clauses of the collective agreements which lay down the procedures to follow to ensure the consultation of workers' representatives in the event of dismissal for economic, structural or similar reasons.
Points IV and V of the report form. Whilst noting with interest the legal provisions which give effect to the Convention, the Committee considers that it does not have sufficient information to fully assess the practical application of the Convention. The Committee again requests the Government to provide examples of court decisions relating to dismissal. Please also provide any available statistical data on the appeals against termination of employment and the outcome of such appeals. The Committee again requests the Government to provide any available statistical data in respect of the number of terminations for economic or similar reasons. Finally, the Committee would be grateful if the Government would provide any general comment it may deem useful in respect of the manner in which the Convention is applied, in particular in the current context of enterprise restructuring, indicating any practical difficulties encountered in the implementation of the Convention.
The Committee notes with interest the first report on the application of the Convention. It also notes a communication from the Dniepropetrovsky Regional Trade Union of Workers of Scientific and Industrial Establishments regarding application of the Convention, a copy of which has been transmitted to the Government for its comments. In order to allow it to ascertain better the effect given to the Convention, the Committee would be grateful if the Government would supply in its second report further information on the following points.
Article 2, paragraph 2, of the Convention. The Committee notes that the Government refers in its report to the special provisions applicable to temporary and seasonal workers. Please indicate whether these categories of workers are excluded from the scope of all or some of the provisions of the Convention.
Article 2, paragraphs 4 to 6. The Committee notes that the report also refers to the existence of special provisions applicable to members of cooperatives, to workers in collective agricultural enterprises, private or state farms, and enterprises with foreign capital. Please indicate whether these provisions ensure application of the Convention to these categories of workers or if they are excluded from its scope. If some of these categories are excluded, please indicate the reasons for exclusion and whether the organizations of workers and employers concerned have been consulted. Please describe the special regime, if any, ensuring that these categories of workers have protection at least equivalent to that offered by the Convention. Please indicate also whether the Convention is applicable to civil servants and, if not, describe the special scheme which provides them with at least equivalent protection. The Committee recalls in this connection that the Government is required in its first report to indicate the categories to which exclusion applies and in its later reports to describe the legislation and practice in regard to such categories.
Article 6. The Committee notes that temporary absence from work because of illness or injury does not constitute a valid reason for termination, but that, according to the Government, the worker may be dismissed in the interests of the enterprise if, in the meantime, during his absence, he has been replaced or his tasks have been redistributed amongst other workers. Please indicate the measures taken or envisaged in order to guarantee the maintenance of his job for a worker who is absent from work temporarily because of illness or injury.
Article 10. The Committee notes that reinstatement of the worker is the normal means of compensation in the event of unjustified termination. Please provide information to the Committee as to the number of cases where reinstatement has been ordered and cases where, instead of reinstatement, compensation has been directed to be paid.
Article 11. Please indicate whether a reasonable period of notice is applicable in the case of termination linked with the employee's conduct or work. Please indicate the reasons for termination, if any, linked to the employee's conduct or work, when giving such notice is not compulsory.
Article 12, paragraph 1. Please indicate whether the amount of the severance allowance depends on the length of service of the worker whose employment has been terminated.
Article 13. Please specify the nature of the information which must be supplied to the workers' representatives concerned as well as the procedures and purposes of consultation with them when terminations for economic, technological, structural or similar reasons are envisaged, and state under what provision of law this requirement is to be complied with.
Article 14. Please indicate whether under the national law a written statement of the reasons for termination is required to be given to the employment service when the terminations are contemplated for reasons of an economic, technological, structural or similar nature.
Part IV of the report form. Please attach to the report examples of court decisions relating to termination of employment.