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Workers with Family Responsibilities Convention, 1981 (No. 156) - Ukraine (RATIFICATION: 2000)

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Article 3 of the Convention. National policy. In its previous comments, the Committee requested the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities for Women and Men with regard to issues concerning workers with family responsibilities. It also noted the Government’s previous indication that the draft Labour Code would contain provisions prohibiting discrimination against male and female workers based on family responsibilities. The Committee notes, from the Government’s report, that a new State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period up to 2016 envisaged measures to create a conducive climate for workers with family responsibilities, in particular, the roll-out of a model for reintegrating mothers and fathers into the world of work after their return from childcare leave, and that it places an emphasis on widening opportunities for workers with family responsibilities to find a successful work–life balance. The Government further indicates that a draft outline of the State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period until 2021 has been produced and discussed with the relevant government authorities, and international and civil-society organizations. The Committee notes, however, that the Government’s report is silent on the results achieved by the previous State Programme of 2006–10 and the State Programme which ended in 2016. In this regard, the Committee wishes to stress that, before developing new programmes, it is essential to assess first the results and effectiveness of the previous ones, to ensure that the programmes about to be developed are informed by the difficulties and challenges encountered in the implementation of previous programmes. The Committee further takes note of the draft Labour Code provided by the Confederation of Free Trade Unions of Ukraine (KVPU) in its observations on the application by Ukraine of the Equal Remuneration Convention, 1951 (No. 100). It notes with interest that section 290 of the draft Labour Code defines workers with family responsibilities as “mother, father, adopting parent, guardian, foster parents, and in some cases, another family member”. Noting that no information was provided on the practical application of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities for Women and Men, the Committee once again requests the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the abovementioned Law, with regard to issues concerning men and women workers with family responsibilities. It also requests the Government to indicate if, and how, the assessment of the State Programme of 2006–10 and the one which ended in 2016 have guided the drafting of the State Programme to Ensure Equal Rights and Opportunities for Women and Men for the period until 2021. Finally, the Committee requests the Government to provide detailed information on the results achieved by the previous two programmes, in particular statistical data, if available, and on the measures taken or envisaged in the framework of the new State Programme once adopted.

Article 4. Leave entitlements and working-time arrangements for men and women workers with family responsibilities. The Committee previously noted that sections 176, 177, 179, 181, 182-2, 184, 185, and 186 of the Labour Code, concern leave entitlements and working-time arrangements for female workers and for fathers, only when they raise children without mothers. The Government indicates that, once the draft Labour Code is adopted, men and women workers with family responsibilities will enjoy equal rights and guarantees with regard to combining work and family life. Indeed, the Committee notes that sections 135, 142 and 257 of the draft Labour Code, among others, provide for working-time arrangements for workers with family responsibilities irrespective of gender. Section 201 also entitles any worker with family responsibilities to take “social leave”. However, the Committee notes that section 198 of this draft bill entitles men to take leave to care for a child under the age of 3 years only when a certificate from the mother’s place of work confirms that she has resumed work. The Committee also notes from the statistical data provided by the Government that, in 2015, childcare leave entitlement was taken by only 1.2 per cent of male workers. The Committee requests the Government to ensure that the draft Labour Code grants leave entitlements and working-time arrangements to men and women on an equal footing, and to provide a copy of the new Labour Code once it is adopted. It requests the Government to continue to provide information on the implementation in practice of leave entitlements and working-time arrangements, including statistical information, disaggregated by sex, on the number of beneficiaries of such arrangements.

Article 5. Childcare and family services and facilities. The Committee previously requested the Government to provide detailed statistical information on the availability of childcare services and facilities. The Committee notes the Government’s indication that day nurseries are available only to mothers who are studying at university. However, the Government does not provide any information on other types of childcare facilities which might be available to workers with family responsibilities. The Committee once again requests the Government to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage. It also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers, including men, with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee previously requested the Government to indicate the authorities and bodies responsible for information and education on gender equality and to provide information on the actions taken by them for the benefit of male and female workers with family responsibilities. The Committee notes the Government’s statement that, in 2015, it launched various awareness-raising campaigns to overcome the predominating stereotype that women are the main caretakers in the family. The information campaign “Happiness in four hands” highlighted the importance of the father’s involvement in the care of young children. The advertising campaign “Remember, it’s twice as easy together!” was launched in five major cities, including in Kiev, and encouraged spouses to share family responsibilities between them. The Committee also notes from the concluding observations of March 2017 of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Prime Minister has established a position of Commissioner on Equal Rights and Opportunities for Women and Men (CEDAW/C/UKR/CO/8, paragraph 22). The Committee requests the Government to pursue its efforts to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities. It requests the Government to continue to provide information on the measures taken in this regard and in particular on the results achieved. The Committee also requests the Government to indicate whether the Commissioner on Equal Rights and Opportunities for Women and Men has been appointed, and to provide information on its mandate, indicating whether this authority is responsible for information and education on equality between men and women workers and, in particular, for workers with family responsibilities.

Article 7. Vocational guidance and training. In its previous comments, the Committee requested the Government to provide information on vocational guidance and training specifically targeting workers with family responsibilities, in order to enable them to become and remain integrated in the labour force and to re-enter the labour force after an absence due to family responsibilities. It notes that the Government’s reply once again only refers to the numerous vocational guidance and training opportunities for unemployed persons without providing information specifically regarding workers with family responsibilities, such as, for example, statistical information on the number of male and female workers with family responsibilities participating in the vocational guidance and training programmes offered. Consequently, the Committee reiterates its requests that the Government indicate any measures taken or envisaged concerning vocational guidance and training, specifically targeting men and women workers with family responsibilities in order to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 11. Employers’ and workers’ organizations. Recalling that employers’ and workers’ organizations have the right to participate, in a manner appropriate to national conditions and practice, in devising and applying measures designed to give effect to the provisions of the Convention, the Committee requests the Government to provide information on any measures taken to seek the participation and collaboration of workers’ and employers’ organizations in this regard, such as their consultation in the preparation of legislative measures, or their direct assistance in the provision, for example, of childcare facilities.

Application in practice. Noting the absence of information provided in this regard, the Committee once again requests the Government to provide information on any studies, surveys or reports that may enable it to assess how the principles of the Convention are applied in practice, as well as any related judicial decisions, and cases of infringement of the Law on Ensuring Equal Rights and Equal Opportunities for Women and Men and the Labour Code reported to, or detected by, the labour inspection services.

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Article 3 of the Convention. National policy. The Committee recalls its previous comments noting the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men, which makes the ensuring of equal opportunities for men and women in respect of combining work and family responsibilities and the promotion of responsible maternity and paternity explicit objectives of state policy on gender equality. It also recalls the Government’s previous indication that the draft Labour Code would contain provisions prohibiting discrimination against male and female workers based on family responsibilities. The Committee notes that the draft Labour Code has not yet been adopted and that no information has been provided on the practical application of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men. The Committee once again requests the Government to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men with regard to issues concerning workers with family responsibilities. Please also provide detailed information on the state programme on the promotion of gender equality in Ukrainian society for 2006–10.

Article 4. Leave entitlements and working time arrangements for men and women workers with family responsibilities. The Committee notes the Government’s reference to sections 176, 177, 179, 181, 182-2, 184, 185, and 186 of the Labour Code, concerning leave entitlements and working-time arrangements for female workers. It also notes the Government’s indication that these provisions shall also be applied to fathers who raise children without mothers, including when mothers stay in a medical treatment facility for a long term. The Committee draws the Government’s attention to the fact that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention. The Committee therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. The Committee asks the Government to indicate any measures taken or envisaged to ensure that leave entitlements and working time arrangements are available to men and women on an equal footing, as well as any measures taken to seek the participation and collaboration of workers’ and employers’ organizations in devising and applying measures designed to give effect to the provisions of the Convention. It also asks the Government to provide information on the leave entitlements and working time arrangements in practice, including statistical information, disaggregated by sex, on the number of beneficiaries of such arrangements. The Committee trusts that the future Labour Code will provide for terms and conditions of employment for men and women workers with family responsibilities that will enable them to exercise their right to free choice of employment, and asks the Government to provide a copy of the new Labour Code once it is adopted.

Article 5. Childcare and family services and facilities. The Committee recalls its previous comments asking the Government to provide detailed statistical information on the availability of childcare services and facilities. It notes that the Government’s latest report contains no information in this regard. The Committee once again asks the Government to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage. The Committee also requests the Government to provide information on the number and nature of services and facilities that exist to assist workers with family responsibilities regarding other dependent members of their family.

Article 6. Information and education. The Committee notes that the Government’s report contains no information concerning measures taken or envisaged to raise awareness on various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. The Committee recalls that Article 6 requires the competent authorities and bodies to take appropriate measures to promote information and education. The Committee requests the Government to indicate the authorities and bodies responsible for information and education on equality of men and women workers and regarding workers with family responsibilities and to provide detailed and specific information on the action taken by them to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities, including stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that, according to sections 4(1)(e) and 9 of the Law on Employment of the Population, free training for unemployed persons in new occupations, educational institutions or in the state employment service, as well as free vocational guidance, consultation and training for jobseekers to the state employment service, are provided. However, the Committee notes that the Government does not provide any information on vocational guidance and training specifically targeting workers with family responsibilities. The Committee asks the Government to indicate any measures taken or envisaged concerning vocational guidance and training, specifically targeting workers with family responsibilities in order to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Parts III to V of the report form. The Committee once again asks the Government to provide information on any judicial or administrative decisions concerning cases or disputes involving the provisions of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men and the Labour Code relating to workers with family responsibilities.

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1. Article 3. National policy on workers with family responsibilities. The Committee notes from the Government’s report that a draft state programme on the promotion of gender equality in Ukrainian society for 2006–10 had been prepared which, inter alia, provides for measures aiming at creating equal conditions for men and women to combine work and family responsibilities. The Committee requests the Government to provide a copy of the state programme and information on measures implemented under it with a view to promoting the application of the Convention.

2. Article 4. Terms and conditions of employment and in social security. The Committee notes the Government’s indication that different opinions had been expressed on whether additional social protection for women and mothers would be excessive and harmful for the status of women in a market-based economy. In this regard, the Committee notes that the conceptual approach to gender equality and work and family issues reflected in the Law on ensuring equal rights and equal opportunities of women and men, may indeed call for a reflection on whether certain protective measures are still appropriate. The Committee encourages the Government to promote further social dialogue on these issues, in the light of the provisions and objectives of the Law on ensuring equal rights and equal opportunities of women and men, and to provide information on any developments or outcomes, including any steps taken or envisaged to ensure that measures and entitlements aimed at enabling workers with family responsibilities to reconcile work and family obligations are available to and used by men and women.

3. Article 5. Childcare services and facilities. Recalling its previous comments expressing concern over the deteriorating situation of childcare services and facilities, the Committee notes from the Government’s report that, at present, some 6,700 pre-school institutions are available in rural areas, compared to 8,400 in urban areas. Pre-school education covers 51 per cent of children, an increase of 15 per cent as compared to 2001. The Committee requests the Government to continue to provide detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage.

4. Article 6. Information and education. The Committee notes the various educational programmes concerning gender issues referred to in the Government’s report. The Committee stresses that progress in achieving effective gender equality and equality of workers with family responsibilities will depend on the extent to which social behaviour and attitudes on the roles of men and women in society evolve. The Committee hopes that the Government, in cooperation with social partners, will reinforce its efforts to raise awareness on work and family issues, based on the principle of gender equality, through the provision of information and educational measures. Please provide information on the measures taken in this regard.

5. Article 7. Vocational guidance and training. The Committee asks the Government to continue to provide specific information on the measures undertaken in practice to target workers with family responsibilities to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

6. Enforcement. The Committee asks the Government to provide information on any judicial or administrative decisions concerning cases or disputes involving the provisions of the Law on ensuring equal rights and equal opportunities of women and men and the Labour Code relating to workers with family responsibilities.

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Articles 3 and 4 of the Convention. The Committee notes the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men. It notes with interest that the Law makes the ensuring of equal opportunities for men and women in respect of combining work and family responsibilities and the promotion of responsible maternity and paternity explicit objectives of state policy on gender equality (section 3). Under the Law, the executive authority and local self-government bodies are required to create conditions enabling men and women to combine their work and family responsibilities (section 12) and to ensure accessible social services, including child care, pre-school education and child benefits. Section 17 provides that the employer shall provide men and women with the possibility of combining work and family responsibilities. In addition, the Committee notes from the Government’s report that the draft Labour Code contains provisions prohibiting discrimination against male and female workers based on family responsibilities. The Committee requests the Government to provide detailed information in its next report on the measures taken by the competent bodies and authorities to ensure the full implementation of the Law of 2006 on Ensuring Equal Rights and Equal Opportunities of Women and Men with regard to issues concerning workers with family responsibilities. The Committee hopes that the future Labour Code will provide for terms and conditions of employment for men and women workers with family responsibilities that will enable them to exercise their right to free choice of employment, as envisaged under the Convention. Finally, the Committee requests the Government to indicate the measures taken to seek the participation and collaboration of workers’ and employers’ organizations in devising and applying measures designed to give effect to the provisions of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the information contained in the Government’s first report. It asks the Government to provide further information in its next report on the following points.

1. The Committee hopes that the new Labour Code, which is still in draft form, will contain provisions prohibiting discrimination against both male and female workers with family responsibilities, and will facilitate their access to employment and their reconciliation of work and family responsibilities in their terms and conditions of employment. Please provide a copy of the new Labour Code when it is adopted.

2. Article 2. The Committee requests the Government to indicate the manner in which the Convention is applied to foreign workers residing in Ukraine.

3. Article 3. The Committee notes the constitutional provisions and section 5 of the Employment of the Population Act. The Committee notes the Government’s indication that a number of other instruments have been adopted to promote the application of the Convention. However, without copies of these documents, the Committee is unable to assess fully the Government’s compliance with the Convention, particularly in terms of whether it continues to make it an aim of national policy to enable persons with family responsibilities to engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. Therefore the Committee requests the Government to supply full information on all the measures taken to apply this Article of the Convention. In particular, please supply copies of the Decree of 5 March 1999 No. 475-XIV, on the Declaration of the Common Principles of the State Policy of Ukraine in relation to Family and Women and the Order of the Cabinet Ministers of 6 May 2001 on the National Plan of Action Aimed at Improving the Situation of Women and Promoting Gender Equality in Society for 2001-05.

4. The Committee notes that article 24 of the Constitution provides for conditions to be created for women to combine work with motherhood. In addition to the information requested above, please provide information on the measures taken to facilitate the reconciliation of work and family responsibilities in the case of men in view of the requirement for the Convention to apply to both men and women workers.

5. Article 4(b). The Committee notes that section 34 of the Local Self-Governing Act provides for benefits and social protection measures that would appear to cover workers with family responsibilities, even if they are not directly the targets of such measures. Please also provide information on the manner in which this Act assists workers with family responsibilities, in practice, and indicate any additional financial benefits available to workers with family responsibilities.

6. Article 5. The Committee notes with concern the data on the deteriorating situation of community child-care and family services and facilities, especially in rural areas. It draws attention to the negative impact that the decrease in such services can have on the employment situation of workers with family responsibilities, and in particular on women with family responsibilities. The Committee therefore asks the Government to provide information on the measures taken to try to improve the level of services, such as childcare and family services, in order to assist these workers and also requests it to provide data to enable the Committee to assess the progress achieved in this regard.

7. Article 6. The Committee encourages the Government to elaborate programmes of education and information for the public, workers and employers on the importance of reconciling work and family as well as on the principle of equality of opportunity and treatment in working life, both between workers with family responsibilities and those without such responsibilities, and between men and women workers with family responsibilities. Please report on any such measures undertaken and their impact in promoting the application of the Convention.

8. Article 7. Further to its comments above, please provide specific information on the measures undertaken in practice to target workers with family responsibilities to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

9. Article 8. The Committee would be grateful if the Government would indicate the legislative and other provisions ensuring the application of this Article. Please also indicate in particular any relevant decision of an ordinary court of law or an administrative or other tribunal involving questions concerning termination of employment for reasons related to family responsibilities.

10. Article 11. The Committee would appreciate receiving information on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.