Texts of pending comments

Article 1 of the Convention. Applicable legislation. The Committee notes the Government’s indication that the Convention is reflected in the standards set out in the Merchant Shipping Code. The Government states that, according to Article 136 of the Merchant Shipping Code, the bill of lading shall indicate the name of the cargo, its marking, and the number of packages or quantity and/or size (weight, volume), and if necessary, information on the appearance, condition and special properties of the cargo, and that Article 176 provides for the fact that the carrier is liable for any loss, shortage or damage of the cargo they agreed to transport if they are unable to prove that the loss, shortage or damage was out of their control, in particular, if resulted from insufficient or illegible marking of the cargo. However, the Committee notes that these provisions do not foresee the marking of the weight of any package or object of 1,000 kilogrammes (one metric tonne) or more gross weight consigned within its territory for transport by sea or inland waterway. With reference to its 2007 general observation on the application of the Convention, the Committee recalls that it has requested Governments to provide information on how effect is given to the Convention in relation to modern methods of cargo handling, with particular reference to containers. In this regard, the Committee notes that Ukraine is a party to the International Convention for the Safety of Life at Sea (SOLAS), of which Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addresses the issue of the verified gross tonnage of freight containers. The Committee requests the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

The Committee notes that the Government refers to new regulations giving effect to the provisions of the Convention, in particular, the Minimum safety and health requirements for workers performing work at sea ports (No. 33/35655 of 12 January 2021), and the Labour protection rules for the use of cargo cranes, hoisting units and related equipment (No. 244/31696 of 27 February 2018). Observing that the Government has not provided these regulations, the Committee recalls that it had repeatedly requested the Government to provide a copy of the legislative and regulatory texts it has referred to in its successive reports, including the Safety and Health Regulations for Workers at Maritime Fishing Port (No. 12/13279 of 11 January 2007) and Order No. 166-r of the Council of Ministers of 10 March 2017. The Committee urges the Government to supply a copy of the above-mentioned as well as any other legislative and regulatory texts that give effect to the Convention. Having this set of texts at its disposal will enable the Committee to gain a better appreciation of the implementation of the Convention.

Article 17(2) of the Convention and Part V of the report form. Application in practice. In its previous comment, the Committee had noted the Government’s indication that the maritime ports and the ports on the Azov Sea have deteriorated significantly and are at risk of causing accidents and endangering the lives of dockworkers. Mindful of the exceptional circumstances in which the ports on the Azov Sea are operating, the Committee requests the Government to provide up-to-date information on the measures taken or envisaged to improve the safety of the facilities at the ports in question and ensure the protection of dockworkers against accidents. More generally, the Committee requests the Government to provide any up-to-date statistical information on the number and nature of accidents reported in the country’s ports, the number and nature of contraventions of the regulations reported by the inspection, and any information it considers relevant on the implementation of the Convention in practice.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to follow-up on the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to indicate any measures adopted in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Conventions Nos 95 and 173 (protection of wages) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021, on the application of the Conventions. The Committee also notes the response of the Government to the 2020 observations of the KVPU and FPU on the application of Convention No. 95, received in 2020.

Legislative developments. Following its previous comments, the Committee observes an absence of information on the adoption of a new Labour Code but notes that the Government’s reports refer to several draft laws introducing amendments to existing legislation in the field of labour that could have an impact on the application of the wages Conventions. In this respect, the Committee welcomes the Government’s indication that it is preparing legislative amendments to strengthen the protection of workers’ claims concerning the payment of wage arrears in the event of an employer’s insolvency, as well as a draft law introducing protection of workers’ claims with the assistance of a guarantor institution. The Committee also notes that, according to the KVPU, a number of recent legislative initiatives threaten to erode most workers’ rights, including on wage matters. The Committee requests the Government to provide its comments in this respect. The Committee hopes that in the framework of the revision process regarding the existing legislation on wages, its comments will be considered and that the requirements of the wages Conventions will be fully met. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee requests the Government to continue to provide information on the developments in its labour law reform, including by providing a copy of any amendments to labour legislation regulating wage issues, once adopted.

Article 3 of Convention No. 131. Criteria for determining the level of the minimum wage. In its previous comments, the Committee noted that in their 2019 observations, the ITUC and the KVPU indicated that the minimum wage does not adequately take into account the needs of workers and their families and the cost of living. It also noted that the KVPU added that: (i) the Government has not considered the trade unions’ suggestion to introduce a system of indexation to ensure that the minimum wage would not lose its value due to the rising inflation during the year; and (ii) in setting the minimum wage, the Government does not consider the overall wage level in the country, leading to a significant gap between the minimum wage and the average wage. The Committee notes that the Government indicates in its report that national legislation provides for criteria to determine the minimum wage complying with the Convention, and includes the possibility to review the minimum wage based on inflation. The Committee also notes that the KVPU largely reiterates its previous observations. Similarly, the FPU indicates that: (i) in establishing the minimum subsistence level in the state budget, used to determine costs of living, only budgetary feasibility has been taken into consideration; (ii) the minimum wages should be higher, according to trade union calculations taking into account education, medical care, and housing costs, as well as the family component; and (iii) a number of legislative proposals to change how the minimum subsistence level is calculated may lead to a fall in growth rates or a freezing of the minimum wage. The Committee requests the Government to take the necessary measures to ensure that, so far as possible and appropriate in relation to national practice and conditions, both the needs of workers and their families and economic factors are taken into consideration in determining the level of minimum wage, as provided in Article 3 of the Convention.

Article 4(2). Full consultation with employers’ and workers’ organizations. In its previous comments, the Committee noted that the KVPU indicated that: (i) the negotiations on the determination of the minimum wage were not conducted in accordance with the procedure established by the applicable General Agreement; and (ii) neither the Government nor the Parliament formally heard the position of the trade unions and that consequently the minimum wage resulted from a unilateral decision of the Government. The Committee notes that, in the framework of the joint working commission’s meetings to prepare proposals to establish the minimum wage for 2022, the parties could not reach a consensual proposal to be submitted to the Government for consideration. The Committee further notes that the KVPU reiterates its previous observations. The Committee requests the Government to provide specific and detailed information on the content and outcome of the tripartite consultations held in the framework of the next revision of the minimum wage.

Article 5. Enforcement. The Committee previously noted that the KVPU, in its observations, indicated that proper inspections are not carried out, due to the moratorium on inspections, and due to the lack of an appropriate number of inspectors. In this respect, the Committee notes the Government’s indication that both labour inspectors and specialists from the main departments for labour and social protection of the regional state administrations carry out monitoring of employers’ compliance with minimum wage requirements. The Committee observes that the KVPU reiterates its previous observations concerning the lack of proper inspections and refers to the complicated procedure to authorize them. The Committee requests the Government to take the appropriate measures, such as adequate inspection reinforced by other necessary measures, to ensure the effective application of all provisions relating to minimum wage. It also requests the Government to provide information on the measures taken in this respect. Regarding labour inspection, the Committee refers the Government to its comments adopted in 2021 on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12 of Convention No. 95. Wage arrears situation in the country. For several years, the Committee examined the situation of wage arrears in the country, which is particularly prevalent in state-owned coal-mining enterprises, and it previously noted with concern the increasing amounts of wage arrears in that industry. In this regard, the Committee notes the Government’s indication, in response to the KVPU and the FPU’s 2020 observations, that the wage arrears situation is an urgent issue, and that measures were taken to settle wage arrears in certain coal extraction companies. The Committee also notes with deep concern that, according to the statistics provided by the Government, the amount of wage arrears in the country has still increased between 2020 and 2021. The KVPU also continues to refer to long-standing and systematic failure to settle wage arrears, as well as persistent social unrest among the workforce and multiple protests concerning non-payment of wages. The Committee will examine the application of Article 12 in practice in relation to its three essential elements: (1) efficient control and supervision; (2) appropriate sanctions; and (3) the means to redress the injury caused, including fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368).

Regarding efficient control and supervision, the Committee notes the Government’s indication, in response to the KVPU and FPU’s 2020 observations, that labour inspectors monitored 451 businesses with wage debts between January and September 2020. With reference to its comments adopted under Conventions Nos 81 and 129, the Committee requests the Government to continue to take the necessary measures to ensure efficient control and supervision of the regular payment of wages in the country, and to provide information on the number of workers concerned, the extent of wage arrears, as well as the results of measures taken in this regard.

Regarding the imposition of appropriate sanctions, the Committee notes that the Government reiterates that it is preparing draft amendments to the existing legislation with a view to strengthening the protection of workers’ rights to timely payment of wages. The Committee also notes the KVPU’s indication that some initiatives for legislative amendments may increase the accountability of managers, increase fines threefold, and remove a loophole from current legislation which allows managers to avoid criminal liability if they manage to pay the wages prior to incurring a fine. The Committee requests the Government to pursue its efforts to strengthen the penalties in national legislation, including through the adoption of the abovementioned legislative amendments, to ensure full application of the requirements of the Convention. It also requests the Government to indicate the impact of the measures taken, including the amount of penalties imposed on violators, as well as whether there has been a reduction in the number of workers suffering from arrears in the payment of their wages.

Regarding means to redress the injury, the Committee notes the Government’s indication that schedules have been approved in 452 enterprises for the payment of wage arrears, of which 40 percent have been fully implemented. The Government further indicates that, since the beginning of 2021, as required by labour inspectors, 203 enterprises have paid wage arrears to 30,512 workers. The Government also refers to the work of temporary commissions on payment of wages, which includes the issuing of warnings to heads of enterprises regarding disciplinary punishments. The KVPU nevertheless reiterates that a large number of court rulings on the recovery of unpaid wages are not being implemented and that wage arrears are still increasing. In the view of the KVPU, the situation of wage arrears will worsen, following the entry into force of a Governmental decision, which transfers to coal-mining enterprises the responsibility of the Government to settle wage arrears for state miners. The FPU also refers to increasing levels of poverty, and alleges that the compensation mechanism provided for in the current legislation fails to compensate workers adequately for all losses in the event of wage arrears. The Committee requests the Government to provide its comments in this respect, and to pursue its efforts to remedy the persisting wage arrears situation. In addition, noting the Government’s reference to a coal sector reform, the Committee requests the Government to indicate the impact of such reforms on wage arrears in the coal industry and, in particular, on the possible impact on existing wage arrears of the transfer of Government responsibility for the settlement of wage arrears to the mining companies.

The practice of “envelope wages”. In the absence of a response from the Government on this issue, the Committee once again requests the Government to provide information on the progress made regarding the elimination of the practice of “envelope wages”, according to which workers are forced to agree to the undeclared payment of wages.

Articles 5–8 of Convention No. 173. Workers’ claims protected by a privilege. In previous comments, noting that section 2(4) of the Code of Bankruptcy Procedure excludes state-owned enterprises, the Committee requested the Government to indicate how workers’ claims are protected in the case of state-owned enterprises. In the absence of additional information on this issue, the Committee once again requests the Government to clarify how workers’ claims are protected in the case of state-owned enterprises, given that section 2(4) of the Code of Bankruptcy Procedure excludes state-owned enterprises from its application.

Moreover, the Committee notes that the FPU indicates that the national legislation does not adequately guarantee recovery of wage arrears from bankrupt enterprises, where the debtor’s assets are insufficient after settlement with the charge holder. In addition, the Committee notes the observations of the KVPU indicating that, in practice, the state bodies in the field of labour and the judicial authorities do not provide support for the full protection of workers’ privilege under Article 5 of the Convention. The Committee requests the Government to provide its comments in respect of these observations.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021. The Committee requests the Government to provide its comments on the observations of the FPU.

Articles 1–4 of the Convention. Gender pay gap and its underlying causes, including occupational gender segregation. In its previous comment, the Committee asked the Government to continue its efforts to reduce the gender pay gap and to provide information on any activities undertaken and the results achieved in this respect as well as statistical data on the wages and salary levels of men and women. In its report, the Government indicates that Ukraine joined two leading international initiatives, the Biarritz Partnership for Gender Equality and the Equal Pay International Coalition (EPIC). In this context, the Government approved the plan of action to implement the commitments accepted within the framework of the Biarritz Partnership. According to this plan, the reduction in the gender pay gap shall be achieved by: (1) ensuring that Ukraine meets the relevant criteria for engagement with EPIC; and (2) adopting and implementing a national strategy to reduce the gender pay gap for the period up to 2023 and a draft plan to measure its implementation, that would include specific measures to increase pay transparency. Since Ukraine joined the EPIC, additional efforts have been made towards the adoption of new laws, policies, and measures in line with EPIC’s criterion regarding work–family reconciliation or increase in the representation of women in companies’ boards. In this regard, the Government refers to the adoption of Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts to ensure equal opportunities for mothers and fathers to care for a child. In addition, the Government indicates that it is working on the implementation of the 2013 OECD Council on Gender Equality in Education, Employment and Entrepreneurship and the 2015 Recommendation of the OECD Council on Gender Equality in Public Life.

In its observations, the KVPU stresses that the wage disparity between men and women is primarily caused by high levels of gender segregation in the labour market and hopes that the successive modifications of the legislation and ongoing efforts to remove restrictions on the employment of women in certain sectors or occupations will improve the situation. In this regard, the Committee also notes that high levels of occupational gender segregation (horizontal and vertical) are also pointed out in the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) and the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) (Beijing +25 national report, pages 11–12; and E/C.12/UKR/CO/7, 2 April 2020, paragraph 19).

With regard to the collection of statistical information, the Government indicates that the State statistics service collects and publishes statistics on wages in various sectors of the economy, disaggregated by sex. It underlines that, over the course of 2020 and the first quarter of 2021, the gender pay gap in Ukraine showed a steady downward trend: for 2019, it was 22.8 per cent compared to 20.5 per cent at the end of 2020 and 17.8 per cent for the first semester of 2021. Furthermore, a reduction was recorded across almost all types of economic activity. According to the Government, one of the factors that reduced the gender pay gap in that period was a significant increase in the minimum wage.

Noting the persisting significant gender pay gap in the country and its recent trend downwards, the Committee asks the Government : (i) to intensify its efforts towards reducing the gender pay gap and to provide information on the measures adopted to this end, including as a result of the technical assistance received from the ILO, in the context of EPIC or in the framework of the Biarritz Partnership or otherwise, as well as on the impact of these measures; and (ii) to provide detailed information regarding the planned adoption of a national strategy and a draft plan to reduce the gender pay gap and, if applicable, on their content, implementation and results. Noting the persistence of high levels of occupational gender segregation, the Committee also asks the Government to take steps to address this issue and refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As no information was provided by the Government in this regard, the Committee also asks it to provide detailed statistics on the wages and salary levels of men and women, by sector of economic activity and, if possible, occupational category, as well as any information or survey available on the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous comment, the Committee requested the Government to indicate the measures taken to amend section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) which requires employers “to pay equally for the work of women and men with the same qualification and the same working conditions”, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information of the application of this section in practice. The Committee recalls that there are no provisions in the current Labour Code reflecting the principle of the Convention. With respect to the draft labour code, the Committee notes the Government’s indication that it was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Government also indicates that it is currently developing a draft law on the introduction of amendments to several acts relating to the application of the principle of equal remuneration for work of equal value. In its observations, the KVPU states that the current legislation does not contain a provision that would enshrine the principle of the Convention. While taking note of the development of a draft law, the Committee stresses once again that legal provisions narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination. The legislation should not only provide for equal remuneration for equal, same or similar work, but also address situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee therefore once again requests the Government to take steps without delay to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to take the necessary steps to modify accordingly section 17 of the Law on Ensuring Equal Rights and Opportunities of Women and Men (2005) and seize the opportunity of the labour law reform to include provisions reflecting the principle of the Convention in the future labour code. It asks the Government to continue to provide information on any legislative developments regarding the labour law reform. Noting that the Government did not include such information in its report, the Committee also once again asks the Government to provide details on the application in practice of section 17 of the above law, including on the number of cases brought before the competent authorities and their outcome (compensation granted, sanctions imposed and remedies granted).

Article 3. Objective job evaluation. In its previous comments, the Committee had requested the Government to take specific measures to promote the use of objective job evaluation methods free from gender bias in the public and private sectors, with a view to ensuring the establishment of wages and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee takes note of the Government’s indication that the draft plan of measures to implement the draft national strategy to reduce the gender pay gap provides for the development, adoption, and implementation of a gender-neutral methodology for assessing work. It would introduce new criteria to compare jobs, such as skills, effort, working conditions and responsibility. Furthermore, the Government specifies that, in 2021, the Confederation of Employers of Ukraine developed and published an employers’ guide to gender equality and non-discrimination covering matters related to remuneration. In its observations, the KVPU indicates that measures to promote objective job evaluation on the basis of the work performed are lacking in the legislation and are not implemented in collective agreements. The Committee therefore asks the Government to take steps towards the development, adoption and implementation of a gender-neutral objective job evaluation method, in the context of the adoption of the draft national strategy and plan to reduce the gender pay gap or otherwise. It specifically asks the Government to promote the use of objective job evaluation methods, free from gender bias, in the establishment of wages and salary scales in the private and the public sectors, including when determining remuneration in collective agreements. The Committee once again encourages the Government to seek ILO technical assistance in this regard.

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

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021 and both transmitted to the Government. The Committee requests the Government to provide its comments in this regard.

Articles 2(2)(c) and 4 of the Convention. Collective agreements. Cooperation with employers’ and workers’ organizations. The Committee requested the Government to indicate the measures taken, in cooperation with the social partners, to include explicit provisions on equal remuneration for men and women for work of equal value in collective agreements. In its report, the Government refers to a series of collective agreements, including the General Agreement on the regulation of fundamental principles and standards for the implementation of social and economic policy in employment relationships in Ukraine for 2019-2021, as well several sectoral agreements. These agreements address non-discrimination and equal rights and opportunities for men and women workers. The Committee also notes that the Government reports the approval of Methodological Recommendations, through Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, on provisions to be inserted in collective agreements and contracts to ensure equal rights and opportunities for women and men in employment relationships. The Committee notes however that the Government does not specify whether these recommendations provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value, or whether such explicit clauses are in practice included in the collective agreements in force. In its observations, the KVPU refers to section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) pursuant to which “collective agreements shall include provisions ensuring equal rights and opportunities for women and men” and “must provide addressing inequality where it exists in the wages of women and men, both in different sectors of the economy, and in the same industry”. However, the KVPU does not specify whether in practice, clauses that reflect explicitly the principle of the Convention are included in the agreements. The Committee therefore asks the Government to clarify whether any of the collective agreements in force, including the General Agreement, explicitly provide for equal remuneration for men and women for work of equal value and if the Methodological Recommendations of 2020 provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and communicated to the Government. The Committee requests the Government to provide its comments in this respect.

Draft Labour Code. The Committee takes note of the indication by the Government that the draft Labour Code mentioned in the previous comments was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Committee therefore requests the Government to continue to provide information on any legislative development, including the possible adoption a new Labour Code, in relation to the application of the Convention.

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction. Legislation. In its last comment, the Committee noted that the ground of “national extraction”, as protected by Article 1(1)(a) of the Convention, was not explicitly enumerated in the legislation and requested the Government to clarify whether this ground was covered by the terms “or other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)). In its report, the Government indicates that following the amendment of section 21 of the Labour Code (Act No. 785-VIII of 12 November 2015), the definition of discrimination was expended to enumerate several additional prohibited grounds, including “ethnic, social, and foreign extraction”. The Government specifies in its report that the term “national extraction” falls within the scope of the terms “ethnic and foreign extraction” mentioned in article 21 of the Labour Code. In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to examine the possibility to harmonize the explicit list of discrimination grounds in the Labour Code with the lists in the Employment Act (2012) and the Law on Preventing and Combating Discrimination in Ukraine (2012), to ensure that the protection covers at least all the grounds enumerated under article 1(1)(a) of the Convention, including through an explicit reference to “national extraction” (ethnic or foreign extraction). In the meantime, it asks the Government to indicate whether the expression “other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)) has ever been used to address discrimination based on national (ethnic or foreign) extraction by the competent authorities.

Discrimination based on sex. Sexual harassment. The Committee requested repeatedly to the Government to clarify whether section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) prohibited, in practice, both quid pro quo and hostile work environment sexual harassment. The Committee also requested the Government to consider expanding the definition of sexual harassment in the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) (section 1) to go beyond relationships of subordination and to cover hostile work environment sexual harassment. Last, it asked the Government to provide information on the practical measures taken to prevent and address all forms of sexual harassment in employment and occupation. On the applicable legislation, the Government refers to the definitions of sexual harassment in section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) and section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005). However, the Committee notes that the Government does not specify whether these two sections prohibit both quid pro quo and hostile environment sexual harassment, nor whether they go beyond relationships of subordination. On the measures adopted, the Committee recalls that section 17 of the Law of 2005 requires employers to take measures to prevent sexual harassment. The Committee further notes the indications by the Government that it has developed the Methodological Recommendations, approved by Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, requiring that a separate provision be included in collective agreements to combat sexual harassment in the workplace, with a clear definition of what sexual harassment is, as well as the development of a detailed procedure for addressing complaints. The Committee once again asks the Government to specify whether sections 1(7) of the Law on Preventing and Combating Discrimination prohibits, in practice, both quid pro quo and hostile work environment sexual harassment. It also requests once again the Government to clarify whether section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men covers situations of sexual harassment when there is no relation of subordination. The Committee asks the Government to provide information on the implementation of the methodological recommendation to include provisions on sexual harassment in collective agreements and develop a procedure for addressing complaints. The Committee also asks the Government to provide information on any measures taken by employers to prevent sexual harassment and on cases of sexual harassment identified or brought to the attention of the authorities, including their outcome, the sanctions imposed and remedies granted.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. In its last comment, the Committee invited the Government to consider explicitly prohibiting HIV screening for the purpose of exclusion from employment or work process. The Committee notes in this regard the indication by the Government that section 21 of the Labour Code prohibits discrimination based on suspicion or presence of HIV/AIDS and section 25 of the Labour Code prohibits requesting information that is not required to be submitted under the legislation. The Committee however notes that section 24 of the Labour Code requires workers to present a health status document when concluding an employment contract. The Committee therefore asks the Government to specify whether the health status document requested under section 24 of the Labour Code includes information on HIV status. It also requests the Government to provide information on the measures taken or envisaged to prevent and address discrimination based on real or perceived HIV status in practice, such as awareness-raising measures, and information on any cases detected or complaints filed with details on the facts of the cases and their outcome.

Persons with disabilities. The Committee requested the Government to provide information on the measures taken or envisaged to ensure that persons with disabilities do not suffer from direct or indirect discrimination in access to employment or occupation. The Government indicates that pursuant to the Employment Act (2012) and the Act on social protection of persons with a disability (1991), the State Employment Service facilitates the employment of persons with a disability in jobs that are created or adapted for them in enterprises, institutions and organizations, taking into account the recommendations of the Medical and Social Expert Commission (MSEC). The employer cannot refuse to employ a person with a disability, based on this disability, except in cases where, according to the conclusions of the MSEC, their health status would impede the performance of their professional responsibilities or threaten the health and safety of other persons. In 2020, 61,200 workers with disabilities contacted the State Employment Service with 11,700 of them finding employment, and 2,900 unemployed workers with disabilities undertook vocational trainings; from January to June 2021, 7000 persons with disabilities secured employment, which is a 25.2 per cent increase compared to the previous year, and 1400 unemployed workers with disabilities undertook vocational training. Furthermore, the Government indicates that the adoption of Act No. 1213-IX dated 04 February 2021 on the introduction of amendments to several legislative acts to improve the level regulation of remote work, was an effective step towards providing the conditions for the organization of work of workers with disabilities who are unable to work at the employers’ premises. The Committee takes note of this information. It further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern over the high unemployment rate of workers with disabilities (E/C.12/UKR/CO/7, 2 April 2020, paragraph 19). The Committee requests the Government to continue to provide detailed information on the measures adopted to facilitate access to employment to workers with disabilities, including on the impact of the regulation of remote work on the level of unemployment of persons with disabilities, and to ensure their effective protection from discrimination in employment and occupation in practice. It also requests the Government to provide detailed information on any case of discrimination based on disability, detected by or addressed to the competent authorities, with details on their outcome, the sanctions imposed and the remedies granted.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. In its last comment, the Committee noted the potentially broad impact of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees and requested the Government to indicate the measures taken to ensure that any restrictions on the right to hold certain positions are based on the inherent requirements of a particular job, strictly interpreted. The Committee also requested the Government to provide detailed information on the individual determinations made by the Ministry of Justice in applying the law and on any appeals brought before the court. Noting the report of the Government does not provide any information in this regard, the Committee reiterates its request for detailed information on the application in practice of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees.

Article 1(3). Definition of discrimination. Scope. Legislation. The Committee takes note of the KVPU’s general observation according to which section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) does not meet the definition of the Convention. The Committee also observes that neither section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) nor section 1 of Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) – that both define discrimination – explicitly apply to the fields of employment and occupation. In addition, the Committee notes that section 21 of the Labour Code refers to “discrimination in the field of labour” and section 11(1) of the Employment Act (2012) to “discrimination in employment” without defining specifically these fields. Furthermore, the Committee takes note of the information provided by the Government indicating that several draft laws have been registered with the Parliament relating to the definition of discrimination. Draft law No. 0931, dated 29 August 2019 on the introduction of amendments to several legislative acts of Ukraine (to harmonize legislation on preventing and combatting discrimination with European Union law) that proposes the following: (1) adding the definitions of the following concepts to the legislation: “multiple discrimination”, “victimization”, “discrimination by association”, “reasonable accommodation” and “denial of reasonable accommodation”; (2) granting the Commissioner of the Parliament for Human Rights the authority to issue mandatory instructions on the basis of complaints filed by individuals or groups on matters related to discrimination; and (3) amendments to section 161 of the Criminal Code to replace criminal liability for discrimination with administrative liability under section 18849 of the Code of Administrative Offenses of Ukraine. The Government also refers to draft law No. 5748 on the introduction of amendments to several legislative acts of Ukraine to combat violations of rights in the world of work, dated 12 July 2021, which proposes introducing a definition of the concept of “mobbing”. While taking note of the information provided on these draft legislation, the Committee recalls the provisions of the legislation currently in force do not explicitly specify the stages of employment or occupation covered by the protections against discrimination. It also recalls that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as required under Article 1(3) of the Convention. The Committee therefore asks the Government to clarify whether all aspects of employment and occupation, including access to vocational training, are covered by section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012), section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005), section 21 of the Labour Code, and section 11(1) of the Employment Act (2005). The Committee also requests the Government to continue to provide information on the legislative developments regarding draft laws Nos. 0931 and 5748, as well as on any other legislative development in relation to discrimination in employment and occupation. In this context and referring to the previous paragraph, the Committee invites the Government to ensure that any definition of discrimination included in the new legislation also covers at least all the grounds enumerated in article 1(1)(a) of the legislation and all stages of employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee requested the Government to provide information on: (1) the measures taken to eliminate gender-based stereotypes with respect to employment and occupation; (2) the implementation of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021; (3) the proactive measures taken to address the underlying causes of discrimination; and (4) statistical information on the economic participation of men and women in different jobs occupations and sectors of the economy. The Committee takes note of the Government’s indication that the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021 is being implemented in practice through a series of activities aiming at reducing the gender imbalance in the field of public service and human resources management, and at overcoming gender stereotypes through awareness-raising campaigns and activities, the development and use of educational programmes for boys and girls, and through ensuring equal access to girls and women to higher education institutions. The Committee also takes note of the statistical information provided by the Government and observes that: (1) men remain predominant in executive positions (out of 1,269.3 thousand persons employed as executives, 516.3 thousand are women and 753.0 thousand are men); and (2) women continue to be concentrated in traditionally “female dominated sectors” (for instance out of 2,633.6 thousand persons employed as trade and service workers, 1.785.0 thousand are women and 848.6 thousand are men). The Committee also notes that according to the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), high levels of labour market gender segregation (horizontal and vertical) remain and despite the fact that the educational level of women is higher, their employment level remains lower than that of men; at the same time, the concentration of women in “humanities” and men in “natural” and “technical” education is a significant cause of gender imbalance in the employment policy (Beijing +25 national report, pp. 11–12). The Committee also observes that, in its concluding observations, the CESCR expressed concern over the fact that women are underrepresented in public service and the private labour market, and over the horizontal and vertical sex segregation. More generally, the CESCR is concerned about the persistent gender stereotypes relating to the roles of men and women, which perpetuate gender inequality in the country. As a result, women, particularly those in vulnerable situations such as internally displaced women and Roma women, continue to bear a disproportionate burden in terms of unpaid domestic and care work, which hinders their full participation in public life and in the labour market (E/C.12/UKR/CO/7, paragraphs 16 and 19). The Committee therefore requests the Government to continue its efforts to eliminate gender-based stereotypes (including through awareness-raising campaigns to promote the equal sharing of family responsibilities, with a view to facilitating women’s participation in the labour market) and to provide detailed information, including statistical data, on the results of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021. More generally, the Committee requests the Government to provide information on any other relevant measure adopted on the horizontal and vertical segregation between men and women in the labour market, such measures to facilitate women’s access to vocational education and training in areas that are traditionally male dominated.

Discrimination based on race, colour or national extraction. Roma people. The Committee requested the Government to provide information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority. It also requested the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector and to understand the underlying causes of the persistent discrimination in employment faced by the Roma minority, despite all the measures adopted. The Government indicates that persons from the Roma minority may apply to any employment centre where they are provided with assistance in finding employment, including through consulting and career guidance activities and access to occupation or vocational training. The Government further indicates that in 2021, a Memorandum of Cooperation was signed between the Odessa regional employment centre and the Centre for the protection of Roma rights, and an Agreement of Cooperation was signed between the Kremen regional employment centre and Kremen Roma, a public organization. These frameworks aim at developing dialogue with representatives of the Roma population to promote employment among the Roma communities. During the first half of 2021, the State Employment Service provided the following services: 131 people from the Roma population were granted the status of unemployed workers, 99 received unemployment benefits, 36 found employment, 8 undertook vocational training, 147 received career guidance services, and 282 received information and consulting services. The Committee takes note of this information. The Committee also notes that the CESCR expressed concern over high rates of unemployment among Roma workers (E/C.12/UKR/CO/7, paragraph 21) and observes that the report of the Government does not include information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority and its impact in practice on the participation of members of the Roma community participate in vocational training and employment in the private and public sector. The Committee asks the Government to provide information on the results of the dialogue taking place within the cooperation framework established between the regional employment centres and the representative of the Roma population, and on any new initiative to promote employment among the Roma communities. It also asks once again the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector to identify the underlying causes of the persistent discrimination in employment faced by the Roma minority and address them.

Article 5. Special measures of protection. Discrimination based on sex. The Committee requested the Government to ensure that special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the strict sense), so as not to impede access of women to employment and occupation. The Committee notes with interest the indication by the Government that Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts of Ukraine to ensure equal opportunities for mother and fathers to care for a child was adopted. The Act provides for the father’s right to paid leave for a duration of 14 calendar days after the child’s birth and for a parental leave until the child reaches three years of age that may be granted to the mother or the father under equal conditions. A draft act is also under development by the Ministry of the Economy, to limit the complete prohibition of night work and overtime currently applicable to women with children under the age of 3 (section 175 and 176 of the Labour Code) to breast-feeding mothers with children under the age of 18 months. The draft also aims at eliminating the restriction on women’s night work (section 175 of the Labour Code) and at limiting the prohibition of women’s employment in heavy work, work in harmful or dangerous conditions, and underground work (section 174 of the Labour Code) to pregnant women and breast-feeding mothers with children under the age of 18 months. The Committee requests the Government to continue to provide information on any legislative developments aimed at ensuring that provisions relating to the protection of persons working under hazardous or difficult conditions are aimed at protecting the health and safety of both men and women at work, while considering gender differences with regard to specific risks to their health (for instance for pregnant and breast-feeding mothers). The Committee asks in particular the Government to provide information on the possible adoption of the draft under development on the employment of women referenced in the report.

Enforcement. The Committee requested the Government to provide information on awareness-raising, education and capacity-building measures aimed at employers and workers, as well as labour inspectors, in order to ensure a better understanding of how to identify and address discrimination and to better promote equality in employment and occupation. The Committee also requested the Government to provide information on the activities of the Ukrainian Parliament Commission on Human Rights in monitoring the implementation of the Law on Preventing and Combating Discrimination in employment and occupation. Noting that the report of the Government does not provide any information in this regard, the Committee asks once again the Government to provide detailed information on the measures adopted to ensure the enforcement of the Convention in practice, including information on the activities of the labour inspectorate and the Ukrainian Parliament Commission on Human Rights in relation to non-discrimination and equality.

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.

The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.

2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.

[The Government is asked to reply in full to the present comments in 2022.]

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 5(1)(c) of the Convention. Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels. The Committee notes that, in its report, the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated several times in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. Therefore, in the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation of fishing vessels, the Committee once again requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b), and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s statement that, although no draft legislation has been submitted to date, the Ukrainian Constitution establishes that international treaties currently in force, agreed to be binding by the Supreme Rada of Ukraine, form part of Ukraine’s national legislation (section 9). The Government further indicates that, in accordance with the Law of Ukraine on International Treaties of Ukraine, when the domestic legislation is contrary to such international treaties, the latter shall prevail (section 19). The Committee accordingly requests the Government to indicate how it ensures, in practice, the direct application of the following provisions of the Convention: Article 6(9) (fire prevention or fire-retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck).

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 25 August 2021. It also notes the observations of the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, communicated with the Government’s report, and the response of the Government thereto.

Articles 4, 6 and 7 of Convention No. 81 and Articles 7, 8 and 9 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted that local authorities assumed labour inspection functions, in addition to the State Labour Service (SLS), and urged the Government to indicate the measures taken to place the inspection functions of the local authorities under the supervision and control of the SLS. In this regard, the Committee takes due note that, according to the Government’s report, legislative amendments introduced in 2021, including to section 34 of the Local Government Act, exclude local government authorities from monitoring compliance with labour legislation and issuing fines for labour law violations. The Government indicates that accordingly, labour inspection is now carried out exclusively by the SLS. Nevertheless, the Committee observes that section 17 of the Local Government Act, as amended, refers to the ability of local self-government bodies in the exercise of powers to control compliance with labour and employment legislation, to carry out inspections that do not belong to measures of state supervision, at certain enterprises, institutions and organizations. The Committee requests the Government to indicate the nature and scope of the power of inspection envisaged under section 17 of the Local Government Act, and to provide information, including examples, of how this power of inspection is implemented in practice.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously noted an increase in the number of labour inspectors from 615 in 2018 to 710 in 2019, for 1,003 existing posts, and urged the Government to pursue its efforts to fill the vacant posts. In this regard, the Committee notes the Government’s statement, that as at July 2021, 1,125 labour inspectors work for the SLS. Regarding its previous request for the Government to take measures to provide sufficient material resources for the SLS, the Committee notes the Government’s indication that labour inspectors are provided with office equipment and have their expenses covered, in accordance with the allocation of budgetary funds. The Committee requests the Government to provide further information on the measures taken to provide sufficient material resources to labour inspectors, including offices, office equipment and supplies, transport facilities and reimbursement of travel expenses, at the central and local levels of the SLS. It also requests the Government to continue to indicate the number of labour inspectors employed by the SLS and the number of available posts at the SLS.

Articles 12(1), 16, 17 and 18 of Convention No. 81 and Articles 16(1), 21, 22 and 24 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted the expiry of the moratorium on state supervision on 1 January 2019 and expressed the firm hope that no further restrictions of this nature would be placed on labour inspection in the future. In this respect, the Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, a moratorium has been imposed on planned inspections in businesses considered to be medium- or low-risk, in the context of the COVID-19 pandemic. In response, the Government indicates that such restrictions were necessary to reduce the administrative pressure faced by those businesses, as a result of restrictions related to the COVID-19 pandemic. The Government also explains that there are no restrictions on unplanned monitoring measures, regardless of the category of risk of businesses. The Committee recalls that labour inspection is a vital public function, at the core of promoting and enforcing decent working conditions and respect for fundamental principles and rights at work, and it plays an important role in national responses to COVID-19, by monitoring compliance with protective measures aimed at reducing transmission of the virus among employees. While recognizing the extraordinary nature of, and particular challenges linked to, the COVID-19 pandemic, the Committee requests the Government to ensure that the interference of any COVID-19-related measures with labour inspection activities is kept to the strict minimum necessary to respect public health measures. With reference to its General Observation of 2019 on labour inspection Conventions, the Committee requests the Government to remove any other moratoria on labour inspection. The Committee also requests the Government to provide detailed statistics on the number of inspection visits carried out by the SLS, disaggregated by type of inspection, region and sector.

2. Other restrictions. The Committee has previously noted for several years important restrictions on the powers of labour inspectors, contained in Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V), including restrictions with regard to: (i) the free initiative of labour inspectors to undertake inspections without previous notice; and (ii) the frequency of labour inspections. It noted with concern that Ministerial Decree No. 823 of 21 August 2019 on the Procedure for State Control of Compliance with Labour Legislation, as amended in 2019 and 2020 (Decree No. 823), provides for similar restrictions. In particular, section 1 of the amended Procedures approved by Decree No. 823 requires labour inspection to be carried out in accordance with Act No. 877-V, except for measures related to detecting informal employment. In this regard, the Committee strongly urged the Government to bring the labour inspection services and national legislation into conformity with the Conventions.

The Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, the District Administrative Court of the city of Kiev has found Decree No. 823 to be invalid in its Ruling No. 640/17424/19 dated 28 April 2021. The Committee notes with deep concern that previously observed restrictions in Act No. 877-V on the powers of labour inspectors remain in place. In this respect, the Committee notes the KVPU’s observations, alleging that, despite multiple amendments, sections 4, 5 and 6 of Act No. 877-V continue to restrict labour inspectors with regard to the time, scope and duration of inspections visits, their ability to undertake inspection without previous notice, and the measures they can take against violations. According to the KVPU, this leaves a significant number of problematic and important employee issues neglected and inadequately addressed. The KVPU also alleges that, despite the rising numbers of occupational accidents and cases of occupational diseases in 2020–21, requests from trade unions regarding identified violations are unanswered, delayed, or often met with refusal by the SLS, because trade union requests are not included in the exceptional grounds for unscheduled inspections under section 6 of Act No. 877-V.

The Committee recalls once again that restrictions on labour inspectors’ ability to conduct inspection visits without previous notice, at any hour of the day or night, in workplaces liable to inspection; and to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure effective application of legal provisions, violate the Conventions. The Committee also recalls that, under Article 18 of Conventions No. 81 and Article 24 of Convention No. 129, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced. In this regard, the Committee takes due note of the Government’s indication that the Ministry of Economy has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, and notes that the Government is receiving ILO technical assistance. The Government also indicates that a new draft law on fundamental principles of state monitoring was approved by the Cabinet of Ministers of Ukraine in June 2021 and submitted to Parliament. In addition, according to the Government, legislative amendments to the Labour Code have been adopted (previously, draft Law No. 1233 of 2019), reducing the size of fines provided for labour law violations in the Labour Code, and requiring labour inspectors to give warnings in cases of violations by certain legal persons and individual entrepreneurs using hired labour. The Committee observes that a number of draft laws, including draft Laws Nos 5371, 5054-1 and 5161-1, also propose changes to labour legislation which could have an impact on the application of Conventions Nos 81 and 129. The Committee requests the Government to provide its comments with respect to the observations of the KVPU. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee strongly urges the Government to promptly take all necessary measures to bring its national legislation into conformity with the provisions of Conventions Nos 81 and 129. In particular, the Committee strongly urges the Government to ensure that any future legislative amendments and laws with an impact on labour inspection, including the draft law on the fundamental principles of state monitoring, are in full conformity with Articles 12, 16, 17 and 18 of Convention No. 81 and Articles 16, 21, 22 and 24 of Convention No. 129. It requests the Government to provide a copy of the amendments to Act No. 877-V and the new law on the fundamental principles of state monitoring, once adopted.

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

The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. Regarding its previous request on the role of labour inspectors in the consideration of appeals and questions of citizens and other parties, the Committee notes the Government’s indication in its report that awareness-raising is an integral component of the procedure for monitoring compliance with labour legislation. According to the Government, the time required for such work, for reviewing complaints, and for providing information citizens, is determined based on workers’ actual working situation, and the number of appeals and cases received. The Committee notes the Government’s indication that the State Labour Service (SLS) received 42,660 appeals from workers and employers in 2020. The Committee takes note of this information which addresses its previous request.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. Regarding its previous comments on measures to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, the Committee notes the Government’s indication that the Ministry of the Economy communicates every draft law or regulation to the social partners. Regarding the Committee’s previous request for more specific indications on concrete consultations within the National Tripartite Social and Economic Council, the Committee also notes the Government’s statement that a meeting of this Council held in November 2020 discussed organizational matters and set up a tripartite working group to develop legislative initiatives. The Committee requests the Government to continue to provide information on outcomes of concrete consultations undertaken in the National Tripartite Social and Economic Council, as regards the requirements under the Conventions, in particular as concerns labour inspection powers.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes with regret that the Government has not responded to its previous request regarding the turnover rate of staff in the SLS, and the conditions of service of labour inspectors as compared to other public officials exercising similar authority. Nevertheless, the Committee notes the Government’s statement that pursuant to the Civil Service Act and the Regulations on the State Labour Service in Ukraine, approved by Cabinet of Ministers Decree No. 96 of 11 February 2015, as amended, labour inspectors are civil servants and are guaranteed stability of employment, with appointments lasting for an indefinite period. The Committee also takes due note of the Government’s indication that it has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, which would propose increases in the remuneration of labour inspectors, per category, based on their knowledge, experience, and level of responsibility. The Committee requests the Government to provide a copy of this law, once adopted, and to continue to provide information on measures taken to improve the conditions of services of labour inspectors in the SLS. Noting the Government’s reference to the termination of 317 labour inspectors’ licences in 2021, the Committee requests the Government to provide further clarification on the reason for such terminations, and to provide further information on the turnover rate of labour inspectors of the SLS. It once again requests the Government to indicate how the remuneration and conditions of service of labour inspectors compare to those of other public officials exercising similar authority, such as tax collectors and the police.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the SLS. The Committee previously requested information on the implementation in practice of the system to notify occupational accidents and diseases to the SLS, and on the development of an automated system for reporting and analysing cases of occupational diseases. The Committee notes, in this regard, the indication from the Government that the information systems of the SLS for data-processing are outdated and that it plans to resolve this issue with technical assistance from the ILO. The Committee requests the Government to continue to provide information on the progress made in this respect. The Committee once again requests the Government to provide information, including statistics, on the application in practice of the current system to notify occupational accidents and diseases to the SLS.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on labour inspection. The Committee notes the 2020 Annual Report of the SLS, communicated with the Government’s report. The Committee welcomes that this report contains information on the subjects covered by Article 21(a)–(f) of Convention No. 81, as well as information specific to agricultural sector on the subjects covered under Article 27(a)–(e) of Convention No. 129. The Committee observes that the report does not appear to contain information on statistics of occupational diseases, including statistics specific to the agricultural sector (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129), or statistics of occupational accidents in the agricultural sector, including their causes (Article 27(f) of Convention No. 129). The Committee requests the Government to continue to publish and transmit the annual reports of the SLS to the Office, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. The Committee further requests the Government to take the necessary measures to ensure that the annual reports of the SLS also cover information on the subjects listed in Article 21(g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4 and 9 of the Convention. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee previously requested information on the coordination of functions and responsibilities within the labour administration system in practice, including between the Government and officials of executive authorities of town councils and rural and township councils charged with labour inspection functions. The Committee notes that, according to the Government’s report, following legislative amendments introduced to section 34 of the Local Government Act and to other laws and regulations, local government authorities have been excluded from monitoring compliance with labour legislation. The Committee also notes the Government’s statement that powers and functions regarding state labour policy and labour inspection have been transferred from the Ministry of Social Policy to the Ministry of the Economy. The Government accordingly indicates that the Ministry of the Economy ensures the function of coordinating activities of the SLS. The Committee requests the Government to provide further information on the coordination, in practice, of the responsibilities of different bodies entrusted with functions in labour-related matters within the labour administration system.

Article 5. Social dialogue. Regarding the Committee’s previous comments on whether activities of the National Tripartite Social and Economic Council have been carried out, the Committee welcomes the Government’s statement that the Council held meetings in November 2020 and June 2021, covering discussions on various issues, including decisions on the process to appoint a secretary and chairperson. The Government further indicates that the Secretariat of the National Tripartite Social and Economic Council has been instructed to provide organizational and technical support for the activities of the Steering Committee of the Decent Work Country Programme for the period 2020–24 (DWCP 2020–24). The Committee notes the Government’s statement that the determination of areas for action of the National Tripartite Social and Economic Council for the period 2021–23 is ongoing. The Committee requests the Government to continue to provide information on the National Tripartite Social and Economic Council’s activities and the outcomes of its meetings.

Article 10. Recruitment and training of staff. Material means and financial resources. The Committee notes the information provided by the Government regarding the budget allocated to the SLS for 2021, in response to its previous comments on budgetary means and human resources allocated to the labour administration services. The Committee also notes the Government’s indication regarding the mandatory trainings provided to labour inspectors and various training materials available to them. The Committee takes note of this information which addresses its previous request.

Article 25 of the Convention. Penal sanctions for the exaction of forced labour. In its previous comments, the Committee requested the Government to provide information on the acts committed which led to the opening of criminal proceedings under section 173 of the Criminal Code regarding the exaction of labour. In this respect, the Committee notes the statistics on the labour inspection activities in the 2018 implementation report, in the context of inspection visits relating to undeclared work. The Committee notes from this report, that 554 cases relating to sections 172 (unlawful dismissal) and 173 (gross violation of an employment contract, including coercion to work) of the Criminal Code were investigated. The Committee notes, however, that no specific information was provided by the Government on the acts committed regarding specifically the coercion to work under section 173 of the Criminal Code, nor on the outcome of the relevant proceedings with respect to the sanction imposed. The Committee therefore once again requests the Government to provide information on the number and nature of violations detected under section 173 of the Criminal Code regarding the coercion to work, as well as on the initiation of criminal proceedings, including the number of convictions and the specific penalties applied.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and measures to combat trafficking in persons. In response to its previous comments, the Committee notes that the Government refers, in its report, to the 2016–2020 National Action Plan on combating trafficking in human beings and has communicated a copy of the 2018 implementation report on this Plan. It welcomes the detailed information therein on the activities taken to combat trafficking in persons, including multiple educational and awareness-raising activities, and the training of law enforcement officers, including prosecutors and judges.

The Committee also notes the 2018 report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation by Ukraine of the Council of Europe Convention on Action against Trafficking in Human Beings. The report notes a number of positive developments, such as the establishment of specialized police units and prosecutors, and a marked increase in the number of investigations into trafficking in persons between 2016 and 2017 (from 115 to 347). GRETA also emphasizes the importance of taking additional measures, such as ensuring that investigations into the offence of trafficking in persons also lead to convictions, and that sentences are proportionate to the gravity of the offence. In this respect, the Committee notes from the information in the 2018 implementation report and the reference in that report to the website of the State Judicial Administration, that in 2018 the police investigated 291 cases of trafficking in persons pursuant to section 149 of the Criminal Code on trafficking in human beings, 185 of which were referred to public prosecution, of which 168 were submitted to the courts, which resulted in 15 convictions, and five prison sentences. The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. In this regard, the Committee recalls that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be adequate and strictly enforced. The Committee therefore strongly urges the Government to take the necessary measures to ensure strict application of the national legislation, so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators. The Committee further requests the Government to continue providing information on measures taken in this regard, including training and capacity building of law enforcement authorities, as well as on the results achieved. It also requests the Government to continue providing information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code.

2. Protection and assistance for victims. In its previous comment, the Committee welcomed the measures taken by the Government to identify and provide protection and assistance to the victims of trafficking in persons and requested the Government to continue to provide information on measures taken in this regard.

Concerning the identification of victims of trafficking in persons, the Committee notes, from the 2018 implementation report and the 2018 GRETA report, the information on the training provided to relevant actors and an upward trend in the number of victims identified by the Ministry of Social Policy (27 victims identified in 2014, 83 in 2015, 110 in 2016, 198 in 2017, and 221 in 2018). However, the Committee also notes from the 2018 GRETA report that statistical data on trafficking in persons remains largely unconsolidated, as different actors (law enforcement agencies, Ministry of Social Policy, International Organization for Migration (IOM), NGOs and social service providers) have their own statistics on the number of victims of trafficking in persons. The GRETA report also recommends the recruitment and training of a sufficient number of labour inspectors on trafficking in persons for the purpose of labour exploitation.

Concerning the provision of assistance and support for victims of human trafficking, the Committee notes that, according to the 2018 implementation report, such victims were provided with financial assistance and services, such as consultations on employment, legal aid, medical examinations and psychological assistance in two of the 27 regions. The Committee also notes the recommendations made by GRETA to ensure adequate funding and staff to work with victims of trafficking in persons, and to provide a sufficient number of places for all victims who need safe accommodation. Noting the information in the 2018 report on the implementation of the 2016–2020 National Action Plan on combating trafficking in human beings, the Committee requests the Government to provide detailed information on the protection and assistance provided to victims of trafficking in persons. In this regard, it requests the Government to continue to provide information on the number of victims identified, the types of assistance and services provided to them and the number of those who have benefited from such assistance and services. It also requested the Government to provide information on any progress made regarding measures taken, such as training of labour inspectors, use of indicators and tools, and cooperation between the relevant actors, to improve the identification of victims of trafficking.

3. Vulnerability of displaced people to trafficking in persons. In its previous comment, the Committee noted the indication in the 2015 report of the United Nations Special Rapporteur on the human rights of internally displaced persons that the number of internally displaced persons had dramatically increased since early June 2014 (A/HRC/29/34/Add.3, para. 7). The Committee also noted that according to the Situation Analysis of June 2016 on human trafficking in Ukraine, the IOM reported that internally displaced people were targeted by unscrupulous intermediaries who offered brokerage services for emigration and receiving refugee status abroad.

In this respect, the Committee notes that the 2016–2020 National Action Plan on combating trafficking in human beings provides for a number of preventive activities, particularly on the risks for internally displaced persons of becoming victims of trafficking, and that a proposal has been made to develop a guide with indicators for the identification of victims of trafficking, including internally displaced persons. The Committee also notes from the 2018 implementation report that some awareness-raising activities were undertaken, aimed at or with the participation of internally displaced persons. The Committee notes from the 2018 GRETA report that GRETA remains concerned by the negative consequences of the large number of internally displaced persons, who have been identified as being vulnerable to trafficking in persons, on the fight against human trafficking. The Committee requests the Government to continue to take measures to ensure that internally displaced persons, placed in a vulnerable situation, do not become victims of trafficking in persons.

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

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Not having received supplementary information on the application of Conventions Nos 81 and 129, the Committee reiterates its comments adopted in 2019 and reproduced below.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of these Conventions, received on 29 August 2019.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indication in its report, in response to its previous comments, on the functions entrusted to labour inspectors of the State Labour Service (SLS). The Government indicates that these are: (i) carrying out the controls on compliance with labour legislation; (ii) considering, in accordance with established procedures, appeals from a number of parties concerning possible violations of labour legislation by employers and providing clarifications on the application of labour legislation; (iii) receiving questions from citizens relating to the authority of the departments of the SLS; and (iv) participating in meetings and seminars on matters related to the mandate of the SLS, as well as activities for professional development. The Committee requests the Government to provide further information on the role of labour inspectors in the consideration of appeals of citizens and other parties and questions from citizens, and the proportion of time spent by labour inspectors on these duties. The Committee also once again requests the Government to list any other functions entrusted to “authorized officials” of local authorities, and to indicate the proportion of time spent on any of these additional functions as compared to the time spent on primary duties, as defined under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. The Committee notes the Government’s indication, in response to its previous request on promoting dialogue with employers’ and workers’ organizations concerning labour inspection matters, that the SLS has ensured the involvement of representatives of trade union organizations and employers in awareness-raising activities, and held events on state control in various types of business entities. The Government indicates that, as at July 2019, 413 joint events have been held (351 with the participation of trade union representatives, and 62 with employers’ representatives), of which 247 covered state control. The Committee requests the Government to continue to provide information on measures taken to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, including on the extent of participation by authorized officials working as labour inspectors for local authorities in these awareness-raising activities and related events. In addition, noting an absence of information in response to its previous request, the Committee also once again requests the Government to provide more specific indications on the concrete consultations undertaken in other tripartite forums, including the National Tripartite Social and Economic Council, as regards the requirements under the Conventions, in particular as concerns labour inspection powers.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee had previously noted the high turnover rate of staff, with many qualified personnel moving to the private sector, and it has for several years requested information on measures taken in relation to the conditions of service of labour inspectors. The Committee notes that, in response to its previous request on measures taken to attract and maintain qualified staff at the SLS, the Government reiterates that the remuneration of labour inspectors is regulated by the Civil Service Act of Ukraine, as well as Ministerial Decree No. 15 of 18 January 2017 on Issues Relating to the Remuneration of Employees of State Bodies. The Committee once again requests the Government to provide further information on the conditions of service of labour inspectors as compared with other public officials exercising similar authority, such as tax collectors and the police. The Committee also requests the Government to provide information on the turnover rate of labour inspectors, disaggregated between SLS inspectors and authorized officials working as labour inspectors in local authorities, and on any additional measures taken to ensure that the conditions of service of labour inspectors, including their remuneration and career prospects, are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the SLS. The Committee notes with interest that, in its response to its previous comments on the notification and recording of occupational accidents and occupational diseases, the Government refers to the adoption of Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019, which approved the Procedure for investigating and recording accidents, and occupational diseases. The Committee notes that this Decision provides for the notification of cases of accidents and acute and chronic occupational diseases to the SLS (sections 6, 8 and 72). The Government also indicates that, pursuant to paragraph 125 of Decision No. 337, the Ministry of Health shall set forth a procedure for the collection and transfer of information regarding cases of acute and chronic occupational diseases to an automated system for reporting and analysis. The Committee requests the Government to provide further information on the implementation of the existing system to notify occupational accidents and diseases to the SLS in practice, and to continue to provide information on the development of an automated system for reporting and analysing cases of occupational diseases, and its impact on the work of the SLS, as well as on authorized officials working as labour inspectors in local authorities.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on labour inspection. The Committee notes the 2018 Annual Report of the SLS, communicated with the Government’s report. It notes that this report contains information on the laws and regulations relevant to the work of the inspection service, as well as statistics on the staff of the labour inspection service, on inspection visits, on violations detected and preventative or control measures taken, on occupational accidents, including in agriculture, and on occupational diseases. The Committee notes, however, that the 2018 Annual Report does not appear to contain information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81), the penalties imposed by labour inspectors (Article 21(e) of Convention No. 81), or information specific to labour inspection in agriculture other than on occupational accidents, as listed under Article 27(a)–(e) and (g) of Convention No. 129. The Committee requests the Government to continue to publish and transmit the annual reports of the SLS to the Office, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. The Committee further requests the Government to take the necessary measures to ensure that the annual reports of the SLS contain information on all the subjects listed under Article 21 of Convention No. 81, including in particular Article 21(c) and (e), and under Article 27(a)–(e) and (g) of Convention No. 129.

[The Government is asked to reply in full to the present comments in 2021.]

Labour administration: Convention No. 150

Articles 1, 4 and 9 of the Convention. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee notes the information in the Government’s report concerning the labour inspection functions entrusted to officials of executive authorities of town councils in towns with provincial status and of rural, township and town councils of the united territorial communities, pursuant to amendments to the Local Self-Government Act. The Committee also observes that the regulations of the SLS, approved by Decision No. 96 of the Cabinet of Ministers of 11 February 2015, were amended in 2019, and that these amendments included providing for coordination with the Ministry for Economic Development, Trade and Agriculture of Ukraine. The Committee notes that section 1 of the Regulations of the Ministry for Economic Development, Trade and Agriculture, approved by Decision No. 459 of the Cabinet of Ministers of 20 August 2014 and as amended by Decision No. 838 of 11 September 2019, provides this Ministry with responsibility over the formation and implementation of the state labour policy. The Committee requests the Government to provide further information regarding the coordination of functions and responsibilities within the labour administration system in practice, including between the Government at the national level and officials of executive authorities of town councils and rural and township councils, following these structural changes and reforms. In this respect, the Committee requests the Government to provide an organizational chart of the labour administration system following these reforms, describing the functions of each of the bodies of which it is composed. The Committee also requests the Government to indicate whether the Ministry of Social Policy retains any responsibility for labour administration, and if so, to provide further information on the measures taken to ensure coordination between the Ministry of Social Policy and the Ministry for Economic Development, Trade and Agriculture. As regards labour inspection, the Committee refers the Government to its comments adopted in 2020 on the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 5. Social dialogue. Further to its previous comments concerning the National Tripartite Social and Economic Council, the Committee notes that, according to the observations of the KVPU on the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), the activities of the National Tripartite Social and Economic Council have not been carried out. In the absence of a response from the Government on these observations, the Committee requests the Government to provide its comments in this regard, and to provide information on the National Tripartite Social and Economic Council’s activities, including its participation in legislative developments, the frequency of its meetings, and their outcomes. In addition, the Committee requests the Government to provide further information on the implementation of arrangements for consultation, co-operation and negotiation between the public authorities and the most representative organisations of employers and workers, or, where appropriate, employers' and workers' representatives.

Article 10. Recruitment and training of staff. Material means and financial resources. Following its previous comments on this issue, the Committee notes the Government’s indication regarding the training on communication techniques provided to labour administration staff and social partners in 2019, in the context of the EU–ILO Project “Enhancing the Labour Administration Capacity to Improve Working Conditions and Tackle Undeclared Work”. In the absence of additional information on the budgetary means and human resources allocated to the labour administration services, the Committee requests the Government to provide further information on how it is ensured that labour administration staff have the material means and the financial resources necessary for the effective performance of training and professional development in diverse areas as well as all their other duties. Regarding labour inspection, the Committee refers the Government to its comments adopted in 2020, concerning Articles 7, 10 and 11 of Convention No. 81 and Articles 9, 14 and 15 of Convention No. 129.

[The Government is asked to reply in full to the present comments in 2021.]

Ukraine (ratification: 2016)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the Federation of Trade Unions of Ukraine (FPU), received on 30 September this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 29 August 2019, with respect to the delay and non-payment by employers of social contributions. The Committee requests the Government to provide its comments in this respect.

Part II (Medical care) of the Convention. Application in practice. The Committee takes note of the indication provided by the Government, in its supplementary information, and of the provisions of the legislation that give effect to Part II of the Convention. The Committee requests the Government to provide information on the waiting time for patients to receive medical care benefits, particularly, treatment against HIV-AIDS, tuberculosis and rare or orphan diseases, as well as high technology medical care and palliative care.

Parts V (Old-age benefit), IX (Invalidity benefit), and X (Survivors’ benefit). Benefits to be taken into account. The Committee notes that for the purposes of applying Parts V, IX, and X of the Convention, the Government refers to contributory earnings-related benefits and to means-tested benefits provided under three legal acts, namely the Act on mandatory state pension insurance No. 1058 IV of 2003, the Act on state social assistance to the persons not eligible for pension and persons with disabilities No. 1727-IV of 2004, and the Act on state social assistance to low-income families No. 1768-ІІІ of 2000. The Committee further notes the indication by the Government that the persons protected under Parts V, IX, and X of the Convention, are all individuals whose means during the contingencies do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67 of the Convention. The Committee points out that contributory earnings-related benefits and means-tested benefits cannot be combined for the purpose of applying Parts V, IX, and X of the Convention, respectively. According to the indications by the Government as to the categories of the population protected and the selection of Article 67 of the Convention for calculation of replacement rate, the Committee observes that the benefits that can be considered for the application of Parts V, IX and X of the Convention are those provided under the Act on state social assistance to the persons not eligible for pension and persons with disabilities No. 1727-IV of 2004 (Act No. 1727-IV of 2004) and the Act on state social assistance to low-income families No. 1768-ІІІ of 2000 (Act No. 1768-ІІІ of 2000).

Article 28 (Old-age benefit), 56 (Invalidity benefit), and 62 (Survivors’ benefit), in conjunction with Article 67 and Schedule to Part XI. Replacement rate of benefits. The Committee notes the indication by the Government that persons whose incomes are less than the subsistence minimum determined in accordance with the Act No. 966-XIV of 15 July 1999 on subsistence minimum are entitled to state social assistance according to the Act No. 1727-IV of 2004 and the Act No. 1768-ІІІ of 2000. The Committee notes that in accordance with Article 5 of the Act on the state budget of Ukraine for 2018, No. 2246-VIII of 2017, the amount of state social assistance paid to low income families cannot be more than 75 per cent of the minimum subsistence level for the family. The Committee further observes from the supplementary information provided by the Government, that the level of all social assistance benefits paid in respect of the family of a standard beneficiary which includes a dependent wife and two children, in case of invalidity benefit, and a widow and two children in case of survivors’ benefit, would be less than the level of the total subsistence minimum for the same households determined in accordance with the Act No. 966-XIV of 15 July 1999 on subsistence minimum.

The Committee further observes that, according to Act No. 966-XIV of 15 July 1999 on subsistence minimum, there is a distinction between the legal subsistence minimum and the actual subsistence minimum level. While the legal subsistence minimum is determined annually by the Parliament, depending on the expenditure available from the state budget and macroeconomic and social indicators, the actual level of subsistence minimum is determined monthly by the Ministry of Social Policy based on consumer prices, with a view to monitor the dynamics of living standards in Ukraine.

The Committee notes the Government’s indication that in December 2019, the legal subsistence minimum for persons who have lost their capacity to work was 1,638 Ukrainian hryvnias (UAH). However, as per the data of the Ministry of Social Policy, the actual level of subsistence minimum was UAH3,103 in 2019.

The Committee further notes from the statistical data provided by the Government, that in 2019, 23.1 per cent of the population were living below the absolute poverty line determined as the actual level of subsistence minimum whereas 1.1 per cent of the population had an income lower than the legal level of subsistence minimum. The Committee further observes that 11.4 per cent of the population were living below the relative poverty line determined as 60 per cent of median incomes in 2019. The Committee notes the indication by the Government that some draft laws aimed at improving the methodology for the determination of subsistence minimum are currently before the Parliament. The Government also indicates that annual plans of actions are being elaborated with a view to implement the Poverty Reduction Strategy (adopted by the Decree of the Council of Ministers of 16.03.2016 No. 161-p).

While noting the information provided by the Government, the Committee recalls that benefits provided to all residents subject to a means test, such as the social assistance minimum pension, shall be, in accordance with Article 67 of the Convention, at a level sufficient to maintain beneficiaries and their families in health and decency. Given that the amount of state social assistance benefits is less than the actual level of subsistence minimum, the Committee requests the Government to provide information on any other complementary measure which would ensure that the old-age, invalidity and survivors’ benefits provided in application of Articles 28, 56 and 62, respectively, meet the requirements of Article 67 of the Convention. The Committee further requests the Government to provide information on any legislative developments concerning the determination of the level of subsistence minimum. It also requests the Government to continue to provide data on the absolute and relative poverty lines.

Article 28 (Old-age benefit), 56 (Invalidity benefit), and 62 (Survivors’ benefit), in conjunction with Article 65(10). Adjustment of pensions of civil servants and of certain categories of employees. The Committee notes the FPU’s observations indicating that the Law of 10.12.2015 No. 889-VIII on civil service repealed the previous Law of 16.12.1993 No. 3723-XII that had provided in its section 37-1, the revision of pensions of civil servants according to the changes in their wages. The FPU also indicates that pensions provided under the Law of 10.12.2015 No. 889-VIII on civil service, the Law of 07.06.2001 No. 2493-III on service in local governments, the Law of 14.10.2014 No. 1697-VII on the prosecutor's office, the Law of 17.11.1992 No. 2790-XII on the status of the people's deputy of Ukraine, and the Law of 26.11.2015 No. 848-VIII on scientific and scientific-technical activity are neither revised nor indexed by virtue of section 13 of Chapter XV of the Law of 09.07.2003 No. 1058-IV on compulsory state pension insurance, as amended by the Law of 03.10.2017 No. 2148-VIII. The FPU further points out that although the average wage and the cost of living have increased, respectively, at 5.8 and 4.1 times since 2008, pensions of civil servants and certain categories of employees have not been accordingly adjusted. The Committee requests the Government to provide its comments in this respect.

Part VI (Employment injury benefit). Article 36, in conjunction with Article 65(10). Adjustment of benefits. The Committee observes from the information provided by the Government that for the period 1 January 2016 to 1 January 2018, the level of adjustment of benefits granted in the event of permanent incapacity for work due to employment injury (0.76 points) and survivors’ benefit due to employment injury (0.60 points) was significantly less than the changes in the cost-of-living index (127.49 points) and earnings index (71.50 points). Recalling that the rates of periodical payments in respect of employment injury shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, the Committee requests the Government to take the necessary measures to ensure the adjustment of employment injury benefits accordingly.

Article 37. Qualifying period. The Committee requests the Government to indicate whether there is a qualifying period for entitlement to employment injury benefits.

Part XIII (Common provisions), Article 71(3). General responsibility of the State for the due provision of benefits. The Committee notes the KVPU’s observations concerning the difficulties regarding the entitlement and payment of pensions to internally displaced persons (IDP). In particular, the KVPU points out that, according to the 2019 amendments to the Decree of the Council of Ministers of Ukraine of 05.11.2014 No. 637, the territorial bodies of the Pension Fund shall verify the applicant’s identity by comparing the obtained information with the Pension Fund’s data, taking into account the data of the Unified Information Database on IDP in accordance with the procedure approved by the Pension Fund in the agreement with the Ministry of Social Policy. The KVPU, however, alleges the absence of such a procedure, which impedes the entitlement and payment of pensions to IDP.

The Committee notes the reply provided by the Government that since 2014, the Pension Fund of Ukraine has not been able to operate in the non-government-controlled area (NGCA) and that all financial transactions, including the payment of social security benefits, have been suspended in the NGCA. The Government also indicates that the entitlement and payment of social security benefits to IDP are regulated by the Law of Ukraine of 2015, No. 1 on ensuring the rights and freedoms of IDP and by the Decrees of the Council of Ministers of Ukraine of 05.11.2014 No. 637 and of 08.06.2016 No. 365. The Government further specifies that data from the Unified Information Database on IDP is used for the entitlement (resuming) and payment of pensions. Such data is updated according to the information received from the law enforcement authorities.

The Committee further notes the information provided by the Government concerning its collaboration with international organizations to address the issue of social security benefits payment to persons residing in both the NGCA and the government-controlled areas (GCA). In this regard, the Government indicates that it is considering with the Red Cross the possibility of transporting persons with limited mobility to the GCAs to ensure the provision of the social security benefits to which they are entitled. Recalling that as per Article 71(3) of the Convention, the State shall accept general responsibility for the due provision of the benefits provided under the Convention, and that it shall take all measures required for this purpose, the Committee hopes that the Government will be in a position to ensure the due payment of social security benefits guaranteed by the Convention to persons residing in the NGCA and the GCAs. The Committee requests the Government to provide information on measures taken or envisaged in this regard.

Article 1(a) and (c) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views and labour discipline. Referring to its previous comments, the Committee takes due note of the information provided by the Government on the nature of the sanctions that may be imposed for liability for certain offences regarding the Act on political parties. It notes in particular that section 112 of the Code of Administrative Offences only provides for penalties in the form of fines. It notes also the information on the legislation in force regulating the service conditions on board merchant shipping vessels.

Article 1(c). Sanctions for violation of labour discipline. The Committee previously noted that, under section 367-1 of the Criminal Code, the non-performance or the improper performance by officials of their duties due to negligence, resulting in substantial damage to the legitimate rights and interests of persons, state or public interests, is punishable with a fine or correctional labour or the limitation of freedom (which involves compulsory labour, by virtue of section 61(1) of the Criminal Code). If the same act has grave consequences, it shall be punished with imprisonment (section 367-2). In this respect, the Committee noted the significant decrease in the use of section 367 of the Criminal Code (from 1,581 convictions in 2011 to 319 convictions in 2015), and requested the Government to continue to provide information on the scope of application of section 367 in order to ascertain that this provision was not used as a means of labour discipline.

The Committee notes that the Government emphasizes that section 367 does not solely criminalize the breach of labour discipline, but that relevant actions must also have resulted in significant harm. In this context, the Committee notes, from the statistics provided by the Government, that the number of convictions under section 367 of the Criminal Code further decreased to 42 in 2019, resulting in two persons being imprisoned and no correctional labour or the limitation of freedom applied as a sanction. The Committee observes, concerning the execution of sentences of imprisonment that, pursuant to section 118(5) of the Execution of Penalties Code, convicts may be involved for up to two hours a day in the improvement of detention facilities, as well as the improvement of living conditions of convicts or in ancillary work to provide detention facilities with food. Moreover, pursuant to section 118(2) of that Code, convicts sentenced to imprisonment who have debts under executive documents are obliged to work as determined by the administration of the prison, until such debts are paid.

The Committee takes due note of the further decrease in the use of section 367 of the Criminal Code, the absence of correctional labour or the limitation of freedom applied as a sanction, and the imprisonment of two convicts under this section in 2019. The Committee recalls that it has considered that the Convention does not prohibit the imposition of sanctions (even involving compulsory labour) on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. However, in such cases there must exist an effective danger, not mere inconvenience (see paragraph 175 of the 2007 General Survey on the eradication of forced labour and paragraph 310 of the 2012 General Survey on fundamental Conventions).

In order to ascertain that section 367 of the Criminal Code is not used as a means of labour discipline within the meaning of the Convention, as explained above, the Committee requests the Government to continue to provide information on the number of prosecutions, convictions and penalties applied under section 367 of the Criminal Code. In this regard, it requests the Government to provide information describing the facts that have motivated such convictions so as to allow the Committee to examine the manner in which the notion of “substantial damages” in section 367 is interpreted by the Courts.

Article 1(d). Sanctions for participation in strikes. In its previous comments, the Committee noted that pursuant to section 293 of the Criminal Code, a sanction of imprisonment of up to six months (which may involve compulsory labour) may be imposed for organized group action violating public order, or resulting in disturbances of the operation of transport or work of enterprises, institutions or organizations. It noted from the statistics provided by the Government that from 2011 to 2015, five judicial decisions were handed down under section 293, two of which led to convictions. It requested the Government to continue to provide information on the application of this provision to assess its compatibility with the Convention.

The Committee notes that, according to the statistics provided by the Government, in 2019, 22 judicial decisions were handed down under section 293 of the Criminal Code, one of which led to a case of detention. However, the Government has not indicated whether this case was related to the participation in a strike. The Committee recalls that sentences of imprisonment may involve the compulsory participation in labour according to sections 118-2 and 118-5 of the Execution of Penalties Code and section 52 of the Criminal Code. Referring also to its 2012 General Survey, paragraph 313, the Committee once again recalls that the Convention lays down a general prohibition to have recourse to any form of compulsory labour as a punishment for having participated in strikes. However, the Convention does not prohibit the punishment of breaches of public order (acts of violence, assault or destruction of property) committed in connection with the strike; any sanctions (even involving compulsory labour) for offences of this kind obviously fall outside of the scope of the Convention. The Committee requests the Government to continue to provide detailed information on the application of section 293 of the Criminal Code in practice, indicating whether any of the convictions pronounced involved participation in strike action. The Committee requests the Government to ensure that no sanction involving compulsory labour can be imposed for the mere fact of peaceful participation in a strike. The Committee also refers in this regard to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that under section 185-1 of the Code on Administrative Offences, a second breach (within a year) of the rules governing the organization and conduct of public meetings, street marches and demonstrations may be punishable with correctional labour for a term of up to two months. The Committee also noted the Government’s indication that two Bills on the Freedom of Peaceful Assembly were tabled for consideration by the Parliament. The Bills proposed, inter alia, to define the legal framework concerning the organization and conduct of peaceful assemblies; and to amend or repeal section 185-1 of the Code on Administrative Offences with a view, as indicated in the preamble, to prevent politically motivated prohibitions of assemblies by the judiciary and arrests of protestors.

The Committee notes that the Government does not provide information on the progress made with regard to the amendment or repeal of section 185-1 of the Code on Administrative Offences. The Government indicates that section 185-1 provides penalties in the form of correctional labour in particular for violations of the procedures concerning organizing and holding gatherings, meetings, street marches and demonstrations, but not for the organization itself or for the participating in such gatherings. The requirements concerning organizing and holding peaceful gatherings are not yet established by law. The Committee notes that, according to the statistics provided by the Government, 43 cases were considered under section 185-1 of the Code, resulting in four administrative offence notices (including two warnings, a fine and a conviction to public labour). Furthermore, the Committee observes that the Government has not provided information on the facts based on which these administrative offences were imposed.

The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities, which must be protected under this provision from punishment involving compulsory labour, comprises the freedom to express political or ideological views as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see paragraph 302 of the 2012 General Survey on the fundamental Conventions). The Committee reiterates the hope that in the framework of the adoption of the legislation on the freedom of assembly, the Government will take into account the comments of the Committee with a view to amending or repealing section 185-1 of the Code on Administrative Offences, so as to ensure that no sanctions involving compulsory labour may be imposed as a punishment on persons exercising their right to assemble peacefully. Pending the adoption of the relevant legislation, the Committee requests the Government to continue to provide information on the application in practice of section 185-1 of the Code on Administrative Offences, particularly concerning any persons who have been sanctioned to correctional work, indicating the facts that led to the legal proceedings and to the imposition of sanctions.

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

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee takes note of the joint observations of the Confederation of Free Trade Unions of Ukraine (KVPU) and the Federation of Trade Unions of Ukraine (FPU) on the application of Convention No. 95 (protection of wages) received on 29 September 2020, which refer to the continuing wage arrears situation in the country. The Committee notes that this serious issue is addressed in its pending comments on the application of that Convention.

The Committee also takes note of the observations of the FPU received on 30 September 2020 on the application of: (i) Convention No. 131 (minimum wage), which also refer to issues addressed in the Committee’s pending comments on the application of that Convention, and (ii) Convention No. 173 (protection of workers’ claims in case of the employer’s insolvency).

The Committee further notes the observations of the International Trade Union Confederation (ITUC) regarding the application of Conventions Nos 131, 95 and 173 received on 16 September 2020, which also refer to issues addressed in the Committee’s pending comments on the application of those Conventions.

The Committee recalls that in 2019 it requested the Government to reply in full in 2021 to its comments on the application of Conventions Nos 131, 95 and 173. It requests the Government to also provide in its 2021 reports its comments on the observations of the KVPU, the FPU and the ITUC received in 2020.

Not having received supplementary information from the Government further to the decision adopted by the Governing Body at its 338th Session (June 2020), the Committee reiterates its comments adopted in 2019 and reproduced below.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Conventions Nos 95 and 173 (protection of wages) together. The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 95 and 131 received on 29 August 2019. It also notes the observation of the International Trade Union Confederation (ITUC) regarding the application of Convention No. 131 received on 1 September 2019.

Legislative developments

In its last comments, the Committee noted that the draft Labour Code would replace both the Labour Code of 1971 and the Wages Act of 1995, which were the main pieces of legislation giving effect to the ratified Conventions on wages. It requested the Government to provide information on the progress made towards the adoption of the new legislation. Noting that the draft Labour Code has not yet been adopted, the Committee requests the Government to provide information on the finalization of the labour law reform.

Minimum wage

Article 3 of Convention No. 131. Criteria for determining the level of the minimum wage. The Committee notes that in their 2019 observations, the ITUC and the KVPU indicate that the minimum wage does not adequately take into account the needs of workers and their families and the cost of living. According to the ITUC, the minimum wage established for 2019 is 12 per cent lower than the subsistence minimum calculated by the Ministry of Social Policy, a benchmark which is not even adequate given that it does not factor in a number of household expenses. The KVPU also states that the Government has not considered the trade unions’ suggestion to introduce a system of indexation to ensure that the minimum wage would not lose its value due to the rising inflation during the year. In addition, the KVPU notes that in setting the minimum wage the Government does not consider the overall level of wages in the country, leading to a significant gap between the minimum wage and the average wage. The Committee requests the Government to provide its comments in this respect.

Article 4(2). Full consultation with employers’ and workers’ organizations. The Committee notes that the KVPU indicates that the negotiations on the determination of the minimum wage were not conducted in accordance with the procedure established by the applicable General Agreement. The KVPU also states that neither the Government nor the Parliament formally heard the position of the trade unions and that consequently the minimum wage results from a unilateral decision of the Government. The Committee requests the Government to provide its comments in this respect.

Article 5. Enforcement. The Committee notes the KVPU’s indication that proper inspections are not carried out due to the moratorium on inspections, and due to the lack of an appropriate number of inspectors. The Committee requests the Government to provide its comments in this respect. It also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Protection of wages

Article 12 of Convention No. 95. Wage arrears situation in the country. In its last comments, the Committee examined the situation of wage arrears in the country, a situation which was particularly prevalent in state-owned coal-mining enterprises. Further to these comments, the Committee notes the information provided by the Government in its 2019 report, including regarding the measures taken between 2017 and May 2019 for the payment of wages and wage arrears in state-owned coal-mining enterprises. On the other hand, the Committee notes with concern that, according to the information provided by the Government, the amount of wage arrears in the coal-mining industry has been increasing in the first months of 2019. It also notes that the 2019 observations from the KVPU refer to the continued wage arrears situation. The KVPU also reiterates that, as a result of lasting and systematic wage arrears, social tensions remain in the mining communities. The Committee wishes to emphasize once again that a situation in which part of the workforce is systematically denied the fruits of its labour cannot be prolonged and that priority action is therefore needed to put an end to such practices. The Committee recalls once again that the application of Article 12 in practice comprises three essential elements: (1) efficient control and supervision; (2) appropriate sanctions; and (3) the means to redress the injury caused, including fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368).

With regard to efficient control and supervision, the Committee notes that the Government indicates that since the beginning of 2019, labour inspectors have carried out inspection visits to determine compliance with labour legislation in eight enterprises in the coal industry. In six of these enterprises, 24 violations of legislation on labour, employment and compulsory state social insurance were discovered, some of which related to the payment of wages. On the other hand, the Committee notes that the KVPU reiterates its previous concerns indicating that the state bodies that control and supervise the application of the relevant legislation do not substantively address the issue of wage arrears. The Committee requests the Government to take the necessary measures to ensure efficient control and supervision of the regular payment of wages in the country. It requests the Government to provide information in this regard and refers to its comments on the application of labour inspection Conventions Nos 81 and 129.

With regard to the imposition of appropriate sanctions, the Committee notes the information provided by the Government, including the indication that in order to systematically resolve the problem of arrears in the payment of wages, the Ministry of Social Policy prepared draft amendments to the existing legislation with the aim of strengthening the protection of workers’ rights to the timely payment of wages, including by increasing the amount of compensation to be paid in case of delayed payment of wages. The Committee notes that the KVPU indicates that at times employers pay a portion of the wage arrears to avoid administrative and criminal liability. The Committee requests the Government to provide information on any progress made in the adoption of measures to ensure that sanctions in case of non-payment or irregular payment of wages are appropriate.

With regard to the means to redress the injury, the Committee notes the information provided by the Government, including the indication that according to the Court Fee Act, complaints submitted by physical persons for the recovery of wages are exempted from the payment of court fees. On the other hand, the Committee notes that the KVPU reiterates that workers have difficulties exercising legal remedies due to their poor legal awareness and to the cost of legal representation. The KVPU also states that most of the court decisions on the recovering of wage arrears have not been implemented. The Committee requests the Government to provide its comments in this respect. Moreover, noting that the Government indicates that the above-mentioned draft amendments prepared by the Ministry of Social Policy included the establishment of a mechanism to guarantee the payment of wages in arrears in cases of the employer’s insolvency, the Committee requests the Government to provide information on the progress made in this regard.

The practice of “envelope wages”. In its last comments, the Committee requested the Government to provide information on the measures taken to eliminate the practice according to which workers are forced to agree to the undeclared payment of wages “in envelopes”, resulting in the non-payment of the corresponding social contributions. The Committee notes that the Government indicates that the Ministry of Social Policy developed draft amendments to the existing legislation with the aim of counteracting the use of undeclared labour, taking into account successful international practices. The Committee requests the Government to provide information on the progress made in this regard.

Articles 5 to 8 of Convention No. 173. Workers’ claims protected by a privilege. Further to its previous comments, the Committee notes that section 64 of the 2018 Code of Bankruptcy Procedure provides that workers’ claims arising out of the employment relationship shall be protected by a privilege and shall be satisfied on a first priority basis. Noting that section 2(4) of the Code of Bankruptcy Procedure excludes state-owned enterprises from its application, the Committee requests the Government to clarify how workers’ claims are protected in the case of state-owned enterprises.

ILO technical assistance

The Committee notes that the country is receiving technical assistance from the Office on the issues raised in the present comments. The Committee hopes that the Government will be in a position to report concrete progress towards full and effective implementation of the ratified Conventions on wages in its next report.

[The Government is asked to reply in full to the present comments in 2021.]

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 124(3) of the draft Labour Code defined light work as work that poses no danger to health, life, physical or psychological development of a child and does not interfere with his/her education. It noted that that section further indicated that the list of types of light work shall be issued by the central government authority.

The Committee notes that the Government, in response to its request, does not report on any concrete developments as regards the determination of light work by the competent authority, but refers to ongoing work as regard the draft Labour Code. The Committee notes that a similar provision to the one in the previous draft Labour Code referred to above, is now provided for in the section 19(4) of the current draft Labour Code. The Committee once again requests the Government to indicate the measures taken or envisaged to determine light work activities which may be performed by children from the age of 14 years, pursuant to the abovementioned provision in the draft Labour Code.

Article 8. Artistic performances. In its previous comments, the Committee noted that pursuant to section 20(5) of the draft Labour Code, children under the age of 14 years shall be allowed, by a written consent of either parents or guardians, to participate in activities pertaining to cinematography, theatre, concerts and shows and other creative organizations or other pieces of art that are not harmful to their health, moral development and training, provided that the permission for such employment is granted by the children’s authority and that the working conditions and remuneration are agreed upon by the authority. The Committee further noted that although section 131 of the draft Labour Code prescribed the working hours for children of 14 years and above, it did not establish the working hours for children under 14 years for artistic performances.

The Committee notes that the Government does not provide a reply in relation to this specific point. It further notes that, sections 19(5) and 141(2) of the current draft Labour Code on the website of the Parliament, have identical content to the sections 20(5) and 131 of the previous draft Labour Code cited above. The Committee once again requests the Government to indicate whether permission for artistic performances by children under the age of 14 years is granted by the children’s authority on the basis of individual permits and whether such permits also limit the number of hours for such authorized work, in conformity with Article 8 of the Convention.

Article 2(1) of the Convention. 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/UKR/CO/3-4, para. 74), expressed concern at the high number of children below the age of 15 years working in the informal economy. In this respect, it also noted the Government’s statement that the supervision of the use of child labour in the informal economy remained an outstanding issue which concerned, above all, the right of access to workplaces.

The Committee notes from the statistics provided by the Government, in its report, in response to the Committee’s request for labour inspection statistics (in the formal and informal sector), that there appears to be a decrease in the activities of the labour inspection services as regards child labour, from 163 workplace visits in 2014 (with 334 minors found working), to 90 workplace visits in 2017 (with 177 minors found working). The Government adds that in 2018, 241 minors were found working during inspections. In this respect, the Committee refers to its comments adopted in 2019 under the Labour Inspection Convention, 1947 (No. 81) in which it noted that the number of labour inspectors had significantly increased since 2018, but in which it also noted with deep concern that several restrictions and limitations on labour inspections remained in force in the country. The Committee also notes from the 2019 conclusions of the European Committee of Social Rights, under the European Social Charter, that in view of the available statistics of that Committee on the number of children aged 5 to 14 years involved in child labour or hazardous work, the prohibition of employment under the age of 15 was not guaranteed in practice. The Committee requests the Government to take all necessary measures to ensure that effective labour inspections in the area of child labour are conducted in practice. It also requests the Government to continue to provide information on the activities undertaken by the labour inspection services in this respect, including the number of labour inspections carried out, the number and nature of cases detected, and any follow-up measures taken.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that under section 188(2) of the Labour Code, children of 15 years of age are exceptionally authorized to work with the consent of their parents or guardians. In this respect, the Committee observed that section 188(2) of the Labour Code allows young people to carry out an economic activity at an age lower than the minimum age for admission to employment or work specified by Ukraine upon ratifying the Convention, namely 16 years, and that an exception to the minimum age under the Convention is only permissible as regards light work, in line with the conditions as defined in Article 7(1) of the Convention.

The Committee notes, from the Government’s indication in its report, and the website of the Parliament, that initiatives to amend the Labour Code are ongoing, but that no amendments have been made to the Labour Code so far, and that section 19(3) of the current draft Labour Code continues to contain similar provisions to the ones in section 188(2). The Committee once again expresses the firm hope that the Government will take the necessary measures, during the revision of the draft Labour Code, to ensure that no person under the age of 16 years may be admitted to employment or work in any occupation, in conformity with Article 2(1) of the Convention, except for light work as authorized under Article 7(1) of the Convention. It also once again expresses the hope that the revised draft Labour Code will be adopted in the near future.

Articles 3(3) and 6. Authorization to perform hazardous work from the age of 16 years and vocational training. The Committee previously noted that by virtue of section 2(3) of the Order of the Ministry of Health of Ukraine No. 46 of March 1994, persons under the age of 18 years pursuing vocational training may perform hazardous types of work for not more than four hours a day on condition that existing sanitary and health norms on labour protection are strictly observed, without specifying a minimum age. In this respect, the Committee observed that the legislation in force did not explicitly prohibit children between 14 (the age of admission to vocational training) and 16 years to perform hazardous work during vocational training. In this regard, it emphasized that the necessary measures should be taken to ensure that young persons below 16 years of age engaged in apprenticeship do not undertake hazardous work and that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (2012 General Survey on Fundamental Conventions, paras 380 and 385).

The Committee notes that the Government’s report does not contain specific information on this point, but that pursuant to section 299(4) of the draft Labour Code published on the website of the Parliament, hazardous work during vocational training shall only be permitted if children reach the age of 18 upon the end of their vocational training. The Committee once again urges the Government to take the necessary measures to ensure that children who follow vocational training programmes or apprenticeships are allowed to perform hazardous work only from the age of 16 years, in conformity with Article 3(3) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 174 (prevention of major industrial accidents), 176 (safety and health in mines), and 184 (safety and health in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155, 174, 176 and 184, received in 2019.

Application in practice of Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184. The Committee notes the information provided in the Government’s report on Convention No. 155 and in the report of the SLS on the State of Labour Protection, published in March 2020, on the number of occupational accidents and cases of occupational diseases, including the slight decrease in the number of occupational accidents, from 4,126 in 2018 to 3,876 in 2019. The Committee also notes the measures identified in the report of the SLS to improve the situation on OSH, including inspection activities and other methods to provide guidance on OSH, such as consultations and seminars. The Committee requests the Government to indicate the impact of measures taken to reduce the number of occupational accidents and diseases in the country, in particular in sectors recording a higher incidence of occupational injuries. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the nature and cause of reported occupational accidents and reported cases of occupational disease and the number of occupational accidents and cases of occupational disease disaggregated by age, gender and sector.

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Legislative reforms. The Committee notes that, in response to its previous comments on the implementation and periodic review of the national policy, the Government’s report refers to various measures, including the adoption of Decree No. 989 of the Cabinet of Ministers of Ukraine of 12 December 2018 (Decree No. 989). According to the Government, this Decree approves: (i) the Framework for the reform of the labour protection management system in Ukraine (the Framework); and (ii) a plan of action for its implementation (the Plan of Action), which provides for legislative amendments, including a draft act on amendments to several legislative acts to introduce a risk-based approach to OSH. The Committee notes in this regard that the country is collaborating with the ILO on OSH, with one of the outcomes of the EU–ILO Project “Towards safe, healthy and declared work in Ukraine”, being to bring the legal framework on OSH closer to international labour standards. The Committee requests the Government to provide information on the progress made in the implementation of the reforms envisaged by the Framework and Plan of Action approved by Decree No. 989 and to indicate how the most representative organisations of employers and workers have been consulted in the context of these reforms, including the results of such consultations. In this respect, the Committee requests the Government to include information on the adoption of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH.

Articles 5(d), 19(b), (c) and (e), and 20. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments, the Committee notes the Government’s reference to measures taken to ensure communication and co-operation at all appropriate levels, including the tripartite General Agreement on the regulation of basic principles and standards for implementing social and economic policies and employment relationships in Ukraine 2019–21 (Tripartite General Agreement 2019–21), which contains provisions on OSH. The Committee notes, however, that according to the observations of the KVPU, real mechanisms of cooperation are not reflected in regulatory acts on OSH and are not included in the OSH management systems in enterprises. The KVPU indicates that representatives of trade union organizations are sometimes not allowed into the enterprises where their members work. Under Convention No. 174, the KVPU also alleges that consultations at the enterprise level are not implemented in practice. The Committee requests the Government to indicate the measures taken to improve the situation relating to communication and cooperation at the level of the undertaking, and to ensure the effective application of Articles 5(d), 19(b), (c) and (e) and 20, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. Following its previous comments concerning measures to apply this Article, the Committee notes the Government’s reference to the Tripartite General Agreement 2019–21, which recommends that sectoral, regional and collective agreements have mechanisms related to the implementation of workers’ right to refuse to perform assigned work in unsafe conditions. In the absence of further information and indicators specifying whether workers would be protected against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken to give effect to Article 5(e).

Article 9. Enforcement. The Committee previously requested the Government to provide information on measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH. In the absence of information in this regard, and noting the observations of the KVPU relating to various difficulties in the application in practice of the ratified OSH Conventions, the Committee refers the Government to its comments adopted in 2020 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that Act No. 124-VIII of 15 January 2015 on Technical Regulations and Conformity Assessments provides for the application by manufacturers and, in prescribed cases, by importers, distributors or other persons, of procedures to assess the conformity of products placed on the market with technical regulations (section 25(2)). The Committee notes that manufacturers of machines also have a duty to ensure compliance with safety and health requirements and to provide information under section 8 and the Annexes of the Technical Regulations on the Safety of Machines, approved by Decree No. 62 of 30 January 2013. In addition, section 9 of Act No. 2736-VI on the General Safety of Non-food Products provides for the duties of manufacturers and distributors to provide information on the risks posed by those products.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to its previous comments, the Committee notes the Government’s indication that a draft act prepared in the context of the abovementioned OSH reforms provides that, when a worker who is faced with serious, immediate and unavoidable danger, leaves their workplace and/or the dangerous area, they shall not be liable for those actions. The Committee recalls that Article 13 provides protection to a worker that has removed themselves in any situation in which the worker has reasonable justification to believe presents an “imminent and serious danger” to their life or health, and does not require that such danger be “unavoidable”. In addition, under Article 19(f), until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee requests the Government to take Articles 13 and 19(f) of the Convention into account in its ongoing legislative revisions on OSH, and to continue to provide information on the measures taken to give full effect to these Articles.

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments on coordination between bodies and authorities working on OSH, the Committee notes the Government’s reference to meetings of the boards of the central authority and responsible regional bodies; consultations on draft laws and regulations on OSH; and meetings, seminars and events to discuss and make decisions on OSH. The Committee requests the Government to continue to provide information on the application in practice of this Article to ensure that the necessary coordination between various authorities and bodies is effected.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee previously noted section 18 of the Labour Protection Act, providing that employees should receive training on the provision of first aid to victims of accidents and rules in the event of an accident, and section 13 of the same Act providing for the obligation of employers to take the necessary measures in emergency situations or in the event of an accident. In the absence of additional information on this issue, the Committee once again requests the Government to provide information on the measures taken or envisaged, other than sections 13 and 18 of the Labour Protection Act, to require employers, where necessary, to deal with emergencies and accidents, including measures to provide for adequate first-aid arrangements.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. Further to its request for information regarding a national policy on occupational health services, the Committee notes that the Government’s report refers to the preparation of a draft order of the Minister of Social Policy on the approval of draft Model Regulations on Labour Protection Services. The Government also indicates that the amendments to OSH legislation that are envisaged in the OSH reforms set out in Decree No. 989, mentioned under Convention No. 155 above, will facilitate the expansion of the functions of occupational health services. The Committee also notes that Presidential Decree No. 400/2011 of 6 April 2011 in relation to the Regulation of the State health and Epidemiological Services is no longer in force, following the adoption of Presidential Decree No. 419/2019. The Committee requests the Government to indicate how the legislative reforms envisaged by Decree No. 989 will cover the subject of occupational health services. In addition, the Committee requests the Government to indicate the current legislation governing state health and epidemiological services and to provide a copy of the order approving the new Model Regulations on Labour Protection Services, once adopted. Additionally, the Committee once again requests the Government to provide information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including in the context of the reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. The Committee previously noted section 15 of the Labour Protection Act, providing for occupational health services in the form of labour protection services established by the employer. The Committee notes that the existing Model regulations on Labour Protection Services (NPAOP 0.00-4.35-04) provide for functions of labour protection services, giving effect to Article 5(a)–(e), (i) and (k) of the Convention. The Committee notes that those functions also give effect to Article 5(f) for certain workers, such as those engaged in some types of hazardous work, or work needing annual mandatory medical examinations of persons up to 21 years. The Committee requests the Government to provide further information on the application in practice of section 15 of the Labour Protection Act, such as the proportion of undertakings in the country organizing labour protection services in accordance with section 15. The Committee also requests the Government to indicate the measures taken to ensure that, as appropriate to the occupational risks of the undertaking, occupational health services have the functions in Article 5(g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid). As regards Article 5(f), the Committee requests the Government to indicate any provisions prescribing that occupational health services undertake medical surveillance of workers’ health in relation to work in non-high-risk enterprises.

Article 8. Cooperation between the employers, the workers and their representatives. In the absence of additional information on this matter, the Committee once again requests the Government to indicate how cooperation is ensured between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. In response to its previous request on the composition of personnel within labour protection services, the Committee notes the Government’s indication that the employer, taking into account the industry, the number of workers, working conditions and other factors, determines the structure of labour protection services, including the number of personnel and their main functions. The Committee requests the Government to provide further information on how it ensures that occupational health services are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. In response to its previous request on ensuring the full professional independence of the personnel providing occupational health services, the Committee notes the Government’s statement that such professional independence may only be achieved following the completion of legislative reforms, including those mentioned under Convention No. 155 above, and the adoption of new draft Model Regulations on Labour Protection Services. The Committee requests the Government to take the necessary measures to ensure that, in the context of the legislative reforms envisaged, the personnel providing occupational health services shall enjoy full professional independence from employers, workers, and their representatives, where they exist. The Committee further requests the Government to indicate the legislation adopted in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee previously noted section 17 of the Labour Protection Act, requiring employers to fund the preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work and requiring that workers undergoing medical examinations be paid their standard wage. Regarding medical surveillance of workers not engaged in heavy, hazardous or dangerous work, the Committee notes the Government’s reference to Decree No. 559 of 23 May 2001 of the Cabinet of Ministers of Ukraine, establishing the list of professions, industries and organizations for which mandatory preventive medical examinations of workers are required, and the procedure for conducting these examinations, which specify that mandatory medical examinations are conducted at the expense of employers. The Committee once again requests the Government to provide information on measures taken to ensure that, as far as possible, medical surveillance takes place during working hours.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee once again requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government’s report, there has been a 4 per cent decrease in the number of production-related accidents and a 12 per cent increase in the number of fatal accidents between 2017 and 2018, with organizational reasons being the most recurrent cause of accidents recorded. The Committee also notes that, as regards measures to reduce the number of workplace accidents and fatalities caused by machinery, the Government refers to a list of legislation adopted since 2015, including Order No. 2072 of the Ministry of Social Policy of 28 December 2017 on Health and Safety Requirements for Workers Using Industrial Equipment. The Committee requests the Government to continue to provide information on measures taken to reduce the number of accidents and fatalities caused by machinery, as well as statistics on occupational accidents caused by machinery (disaggregated by age, gender and sector), and any detected violations on the application of this Convention.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. Following its previous comments on this issue, the Committee notes the Government’s reiteration, in its report, that the review of the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Order No. 7 of 2006 of the Ministry of Health, was initiated in 2012. Noting the absence of information on any progress made in this regard, the Committee requests the Government to take the necessary measures to ensure the periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, by completing the review of the abovementioned list. The Committee requests the Government to provide information on the progress achieved in this regard, including on consultations undertaken with the most representative organisations of employers and workers concerned.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories but noted the Government’s statement that cancer hazards in the workplace are not fully covered by this Order, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to indicate the measures taken to provide workers with such medical examinations, during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Article 6(c). Inspections and application in practice. The Committee notes the statistics provided by the Government on the 585 cases of occupational cancer registered between 1992 and 2018. The Government indicates that the sectors which register the most cases of occupational cancer are the mining industry (74.2 per cent of all cases); and the processing industry (18.4 per cent of all cases), with the most frequent causes being exposure to carcinogenic agents such as mineral dust, asbestos, and aerosols. With reference to its comments on Convention No. 176 below, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on inspections carried out, and the reported number and causes of cases of occupational cancer.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided in the Government’s report, in reply to its previous request concerning Articles 10, 11 and 12 (safety reports) of the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments on the national programme to protect the population from man-made and natural emergency situations for 2013–17, the Committee notes the Government’s indication regarding the key activities undertaken to implement that programme, including waste disposal, refurbishment of premises and installation of systems in facilities. The Committee notes that the KVPU nevertheless alleges that the nature and direction of the measures undertaken in the implementation of the state policy do not directly affect OSH. The Committee also notes the Government’s statement that, due to limited funding, the majority of the programme’s activities was not fully carried out, and that a Bill (No. 7221) proposed to extend the duration of the national programme to 2018–22. According to the website of the Ukrainian Parliament, this Bill appears to have been withdrawn. The Committee requests the Government to provide its comments on the observations of the KVPU. The Committee also requests the Government to provide information on the periodic review of the coherent national policy concerning protection against major industrial accidents under Article 4, including information on the consultations undertaken in this regard with the most representative organizations of employers and workers, and with other interested parties who may be affected.

Article 5. System for the identification of major hazard installations. Consultations. In the absence of information in this regard, the Committee once again requests the Government to indicate how it is ensured that consultations on the establishment of the system to identify major hazard installations have been held with the most representative organizations of employers and workers and other interested parties who may be affected.

Article 6. Special provision to protect confidential information transmitted or otherwise made available under Articles 8, 12, 13 or 14. The Committee previously recalled that the special provisions to protect confidential information in Article 6 relate specifically to information transmitted or made available to the competent authority in accordance with Articles 8 (notification requirements concerning existing and new major hazard installations), 12 (transmission of the safety report to the competent authority), 13 and 14 (accident reporting) of the Convention. As regards information under Articles 8 and 12, the Committee notes sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations, and section 18 of the Procedure for Identification and Recording of Major Hazard Installations, approved by Decision No. 956 of the Cabinet of Ministers of Ukraine of 11 July 2002. Those provisions require that data on high-risk installations which is considered to be state or commercial secrets, be submitted by business entities, in accordance with the relevant regulations. The Committee notes that a similar requirement to respect relevant regulations applies to the publication of information on major hazard installations by the SLS, under section 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee requests the Government to indicate the specific regulations, including their relevant sections, that are referred to in sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations and sections 18 and 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee further requests the Government to indicate the specific provisions ensuring the protection, in accordance with Article 6 of the Convention, of confidential information transmitted or made available to the competent authority in accordance with Articles 13 and 14 (accident reporting).

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. The Committee previously requested the Government to indicate how it ensures that employers establish and maintain a documented system of major hazard control including provisions for technical measures (Article 9(b)); organizational measures (Article 9(c)); and consultation with workers and their representatives (Article 9(f)). As regards technical and organizational measures, the Committee notes section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, which prescribes the content of safety declarations, but does not specify whether this content must cover all the elements listed under Article 9(b) and (c). On consultations, the Committee notes that the Government refers to section 23 of the Labour Protection Act, on the provision of information, which does not give effect to the specific requirements of Article 9(f) concerning consultations with workers and their representatives. The Committee requests the Government to indicate whether the requirements on the content of safety declarations, as prescribed by section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, contain all the elements listed under Article 9(b) and (c). The Committee also requests once again the Government to indicate how it ensures that consultations with workers and their representatives are included in documented systems of major hazard control (Article 9(f)). Finally, the Committee requests the Government to indicate how effect is given to Article 9(g), on the improvement of the system of major hazard control.

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that section 42 of the Labour Protection Act provides that OSH representatives have the right to participate and make appropriate proposals during inspections of enterprises. The Committee also notes the statement, in the observations of the KVPU, that Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V) does not provide the opportunity for employee representatives to accompany inspectors on inspections. The Committee requests the Government to provide its comments in this respect and to provide information on the application of this Article in practice.

Article 20(c) and (f). Right of workers and their representatives to be consulted, to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes the observations of the KVPU, alleging that the law does not prescribe direct rules for workers and their representatives to participate in consultations in the preparation of safety reports, emergency plans and related procedures, and accident reports. The Committee requests the Government to provide its comments in this respect, including any measures taken to remedy this situation. Once again, the Committee requests the Government to indicate: (i) how it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident, in workplaces with no OSH committee; and (ii) the procedures for collecting and submitting information on the safety of major hazard installations, established pursuant to section 15 of the Major Hazard Installation Act.

Article 22. Responsibility of exporting States. In the absence of additional information on this issue, the Committee once again requests the Government to indicate whether it exports any substances, technologies or processes, the use of which is prohibited as potential sources of a major accident, and if so, to indicate the measures taken to inform importing countries of such prohibition, in accordance with Article 22 of the Convention.

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided in the Government’s report, in reply to its previous request concerning Article 4 (applicable laws and regulations), on the measures applying Articles 7 (proper maintenance and cleaning of premises); 8 (ventilation); 9 (sufficient and suitable lighting); 10 (comfortable and steady temperature); and 11 (layout of workplaces and work stations).

Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s reference to section 167 of the Labour Code, but observes that this section applies to workers of hot workshops and production sites. The Committee requests the Government to indicate the specific provisions of national laws and regulations which give effect to Article 12, in respect of workplaces covered by the Convention (commerce and offices).

Article 13. Sufficient and suitable washing facilities and sanitary conveniences. The Committee requests the Government to indicate the specific provisions of national laws and regulations which ensure that sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 14. Sufficient and suitable seats. The Committee notes the provisions of the National Standards of Ukraine (DSTU) ISO 9241-5: 2004 “Ergonomic requirements for work with screens in the office. Part 5. Requirements for the layout of the workplace and the working posture”, and State Sanitary Rules and Regulations for work with visual display terminals of computers, GSanPIN 3.3.2.002-98 of 10 December 1998, which provide requirements on suitable seats. The Committee requests the Government to indicate the provisions or any other measures taken to ensure that sufficient seats are supplied for workers, and that workers shall be given reasonable opportunities to use them.

Article 16. Underground or windowless premises. The Committee notes the Government’s indication that Annex D in the State Building Regulations of Ukraine (DBN) 2.2-9-2018 “Public buildings and structures” gives effect to Article 16. The Committee requests the Government to indicate the manner in which Annex D of DBN 2.2-9-2018 “Public buildings and structures” ensures that underground or windowless premises in which work is normally performed shall comply with appropriate standards of hygiene, and requests the Government to provide further information on measures taken or envisaged to give effect to Article 16.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. Following its previous comments on activities undertaken on safety and health in mines, the Committee notes that the activities referred to in the Government’s report, including the development, by the Ministry of Energy and Coal, of annual plans of basic measures to improve OSH in enterprises. Regarding the review of a coherent policy on safety and health in mines, in consultation with social partners, the Committee also notes the Government’s reference to Decree No. 989. The Government states that the Ministry of Energy and Coal has defined as the main strategic task for all types of enterprises, the alignment of OSH management systems with international standards, including the introduction of new systemic approaches to OSH management. Nevertheless, the Committee once again observes an absence of information on consultations with social partners. The Committee requests the Government to indicate how the reforms envisaged in the implementation of Decree No. 989 will affect mining laws and regulations, and to include information on the consultations taking place in this regard with the most representative organizations of employers and workers concerned. The Committee further requests the Government to continue to provide information on measures taken to carry out the coherent policy on safety and health in mines, such as information on the implementation of annual plans of the Ministry of Energy and Coal on measures to improve OSH in enterprises.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes the observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. The KVPU states that this leads workers to acquire PPE at their own expenses on occasions, while the legislative procedure to compensate them may take considerable time. The Committee requests the Government to indicate the measures taken to ensure that, where adequate protection cannot be ensured by other means, suitable protective equipment are provided at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes the observations of the KVPU alleging that, medical examinations in 2017–18 were not funded at a number of state-owned coal-mining enterprises, thus leading to the official results of medical examinations not being provided to those enterprises. With reference to its comments above on Convention No. 139 noting that most recorded cases of occupational cancer are in the mining sector, the Committee requests the Government to take the necessary measures to guarantee that employers ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments urging the Government to take measures to give effect to Article 12 of the Convention, the Committee observes that, according to the Government, the Economic Code of Ukraine already covers the obligation contained in Article 12. The Committee recalls that Article 12 provides for an obligation that is specific to mines and OSH, namely, that where two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. The Committee requests the Government to indicate the specific provisions of the Economic Code of Ukraine giving effect to Article 12. The Committee further requests the Government to provide information on the manner in which this Article is applied in practice in the country.

Article 13(1)(b), (2)(a) and (2)(b)(i). Workers and safety and health representatives’ rights. Requesting, obtaining and participating in inspections and investigations. The Committee notes the observations of the KVPU alleging that, under section 6 of Act No. 877-V, workers can only request inspections in the case of damage, with the provision of supporting documents, rather than where there is cause for concern on safety and health grounds, as Article 13(1)(b) allows. In addition, the KVPU alleges that, currently, workers’ representatives are not able to participate in inspections and investigations conducted by the employer and by the competent authority at the workplace, as Article 13(2)(b)(i) requires. The Committee recalls that Article 13(2)(a) also requires safety and health representatives to, in accordance with national laws and regulations, have the right to represent workers on all aspects of workplace safety and health. The Committee requests the Government to indicate how it ensures that full effect is given to Article 13(1)(b), (2)(a) and (2)(b)(i).

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee takes note of the information in the Government’s report, in reply to its previous requests concerning Articles 8(1)(b) (workers’ participation on OSH and safety and health representatives), 9(2) (duties of manufacturers, importers and suppliers), 10 (use of agricultural machinery and equipment), 15 (agricultural installations), and 16(2) and (3) (training of young workers), 17 (temporary and seasonal workers), 19(b) (minimum accommodation standards) and 20 (working time arrangements) of the Convention.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee takes due note of the Government’s indication concerning the repeal of five Orders on labour protection in agriculture, and their consolidation into Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. The Committee requests the Government to indicate the manner in which the representative organizations of employers and workers concerned were consulted in this process and on any further developments of the national policy.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Regarding its previous request for the Government to take all the necessary measures to establish the duty envisaged in Article 6(2) of the Convention, the Committee notes that the Government refers to the preparation of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH, in the context of the implementation of Decree No. 989. The Committee accordingly urges the Government to take all the necessary measures to establish, in the context of the abovementioned reforms, a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace. The Committee requests the Government to indicate the measures taken.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. Further to its previous comments, the Committee notes that the Government refers to sections 15, 39 and 41 of the Labour Protection Act. The Committee recalls that Article 7(c) of the Convention requires national laws and regulations or the competent authority to provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate. Section 41 of the Labour Protection Act does not provide for the corresponding duty of the employer, and section 15 of the Labour Protection Act provides that the employer can override the orders of labour protection specialists. The Committee also notes the observations of the KVPU, according to which a potential threat may persist for a long time in practice, because the adoption of urgent measures by officials of the central executive authority is impossible without a court decision. The Committee urges the Government to take the necessary measures to give full effect to Article 7(c) of the Convention, and to provide information on the measures taken.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. Following its previous comments, the Committee notes the Government’s reference to: (i) the Safety and Health Protection Requirements for Workers Using Production Equipment, approved by Order No. 2072 of the Ministry of Social Policy of 28 December 2017; (ii) the Labour Protection Rules for Workers Engaged in Work concerning the Storage and Processing of Grain, approved by Order No. 1504 of the Ministry of Social Policy of 20 September 2017; and (iii) the Labour Protection Rules for Loading and Unloading Work, approved by Order No. 21 of the Ministry of Social Policy of 19 January 2015. The Committee requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers concerned in this regard, and to provide information on any additional measures taken to give effect to this Article.

Article 12(b). Sound management of chemicals. Adequate information. Referring to its previous comments, the Committee notes that the Law on Pesticides and Agrochemicals does not prescribe a duty for those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users concerning compliance with safety and health standards in the official language of Ukraine. The Committee requests once again the Government to take all necessary steps to give effect to Article 12(b) of the Convention and to provide information in this regard.

Article 14. Protection against biological hazards. Application in practice. The Committee notes the information provided by the Government concerning the relevant provisions of Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. These include requirements that only workers who have received preventive vaccinations and specific instructions on handling infectious materials to perform work taking care of animals suffering from infectious diseases; that the relevant workers be provided with personal protective equipment and clothing. The Committee requests the Government to provide information on the application of this Order in practice, with regard to protection against biological hazards.

Article 19(a). Welfare facilities. Following its previous comments, the Committee notes the Government’s reference to the Labour protection rules for the maintenance and repair of agricultural production machines and equipment, approved by Order No. 152 of the State Committee of Ukraine on Labour Protection Monitoring of 30 November 2001, and requiring sanitary premises for workers directly employed in production to comply with prescribed standards. Noting that the Order applies to enterprises, institutions, organizations and legal entities engaged in the maintenance and repair of machinery and equipment for agricultural production, the Committee requests the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided at no costs to the workers, in agricultural workplaces not covered by that Order.

[The Government is asked to reply in full to the present comments in 2022.]

Article 6 of the Convention. Driving times. Further to its previous comments, the Committee notes that the Government indicates in its report that the reference period of one month to be used to calculate hours of work on average is provided in section 6 of Order No. 138/2006. It also notes that sections 3.1 and 3.4 of Order No. 340/2010, which set the limits to total driving times, apply to all drivers covered by the Order.

Article 8(2). Limits to the possible reduction of daily rest. In its previous comments, the Committee noted that section 5.3 of Order No. 340/2010 allows the duration of daily rest to be reduced from ten to eight consecutive hours in certain cases without limiting this reduction to two consecutive days. The Committee recalls that Article 8(2) provides that the daily rest shall in no case be reduced to eight hours more than twice a week. In the absence of new information on this matter, the Committee requests the Government to take the necessary measures in order to ensure full compliance with this Article of the Convention and to provide information in this regard.

Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee notes the information provided by the Government in reply to its previous comments. It notes that the ILO Department of Statistics continues to receive statistics on the labour force, employment, unemployment, and time-related underemployment, from the State Statistics Service of Ukraine through the ILO’s annual questionnaire on labour statistics. The most recent data available is from 2019. The Committee notes that data on the economically active population derived from population censuses are not compiled and collected regularly. The Government indicates that the 2001 Population Census was the last census conducted. The next census will be carried out in 2020, pursuant to Decree No. 581-r on the carrying out of an All-Ukrainian, issued by the Cabinet of Ministers on 9 April 2008. No new information has been provided in the Government’s report with respect to Article 8 of the Convention. The Committee requests that the Government supply data and information on plans for conducting the 2020 population census and its results. It also reiterates its request that the Government provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9. Current statistics of average earnings and hours of work. Statistics of time rates of wages and normal hours of work. The Government reports that current statistics on average earnings and the average number of hours of work are provided on a monthly basis by State statistical monitoring in the form of the Survey of enterprises labour statistics. The Survey is a sample and covers enterprises, institutions and organizations with more than ten employees. The Committee notes that statistics on average monthly earnings from the Survey of enterprises on labour statistics and weekly hours actually worked from the Labour Force Survey are regularly transmitted to the Department of Statistics for dissemination on ILOSTAT. The latest data refer to 2019 and are available by economic activity, for both men and women combined as well as separately. The Committee notes the information provided in the Government’s report on the hourly salaries of full-time workers for different types of economic activities for all employment categories for the period 2017–2018 and the average monthly salary of workers by profession and professional group (the latest issue of which is from 2016). The Committee notes that the Government has not provided statistics on time rates of wages and normal hours of work in respect of Article 9; however, given the Government’s reference to hourly rates of pay, it is assumed that time rates of wages are in fact being collected. The Committee once again requests that the Government provide additional information on the methods of data collection and recent statistics on time rates of wages and normal hours of work (Article 9(2)), in conformity with Articles 5 and 6. It also once again requests that the Government indicate whether it envisages taking steps to carry out a survey to collect time rates of wages and normal hours of work covering important occupations or groups of occupations in important branches of economic activity as contemplated under Article 9(2).

Article 16. Acceptance of obligations. The Committee notes that the Government regularly communicates to the ILO Department of Statistics information concerning the topics covered by Articles 11–15 of the Convention, despite its not having accepted Part II of the Convention (Article 16(4)). The Committee once again invites the Government to consider the possibility of accepting the obligations under Articles 11–15, in accordance with Article 16(3). The Committee invites the Government to continue to provide updated information and statistics referred to under Articles 11–15 of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155 and 176, received on 16 September 2020, alleging that there is a lack of preventive and protective measures to protect workers against the spread of COVID-19 and a shortage of personal protective equipment throughout the country, but especially in the healthcare and mining sector. The Committee requests the Government to provide its comments in this respect.

The Committee also notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155 and 176, received in 2019.

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(c) of the Convention. Notification of occupational accidents and diseases. The Committee notes that, according to the observations of the KVPU, employers do not follow, in practice, the notification procedures established by Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The KVPU alleges that employers transmitted the notifications in violation of the deadlines, for 120 out of the 209 accidents registered by the State Labour Service (SLS) in the first half of 2019. The Committee requests the Government to provide its comments in this respect, and to take the necessary measures to ensure that Decision No. 337 is fully applied in practice with a view to ensuring the notification of occupational accidents and diseases by employers.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee notes that the Government’s report does not respond to its previous comments on the issues covered by Articles 2 (replacement of carcinogenic substances and agents), 3 (measures taken to protect workers and for record keeping) and 4 (providing workers with information on the dangers involved and the measures to be taken) of the Convention. The Committee also notes with concern that the Government: (1) reiterates previously raised difficulties in the application in practice of those Articles, including lack of funding, leading to the absence of measures to replace carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents, and of an appropriate system to record the number of workers exposed to carcinogenic substances and agents; and (2) indicates that there are currently no special measures to ensure that workers who have been, are or may be exposed to carcinogenic substances and agents, are provided with all possible information regarding the dangers involved and the measures that should be taken. Taking into account the difficulties raised, the Committee urges the Government to take all the necessary measures to ensure that full effect is given to Articles 2, 3 and 4 of the Convention in the near future, and to provide information on the measures taken in this respect.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to its previous comments on inspections undertaken in mines, the Committee notes the statistics provided in the Government’s report regarding the number of inspections conducted, violations detected and total amount of fines imposed. The Committee also notes the observations of the KVPU, alleging that the application of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity restricts inspection in mines. The KVPU also refers to an incident in 2017–18 in which there were two fatal accidents at the same mining workplace within a year of each other, due to the failure to respect an order prohibiting the use of certain equipment, issued by the administrative court following an application by the State Labour Service (SLS). Referring to its comments concerning restrictions on the powers of labour inspectors, adopted in 2020 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective enforcement of the provisions of this Convention, in accordance with Article 16. In this regard, the Committee requests the Government to continue to provide statistics on violations detected during inspections, and detailed information on the measures taken by inspectors in such cases, including penalties imposed and other corrective measures. In addition, the Committee requests the Government to provide further information on the application in practice of Article 5(2)(e), regarding the power of the competent authorities to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.

Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments, the Committee notes the Government’s reference to the procedure for investigating accidents in enterprises in the coal industry, pursuant to Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The Committee notes, however, that, according to the Government, 23 per cent of investigations mandated in 2018 are still outstanding, along with 5 per cent of the ones mandated in 2017 and 5 per cent of those mandated in 2016, due primarily to the lack of conclusions that should result from the investigation procedure. The KVPU also alleges that the established notification procedures for occupational accidents and diseases are not followed in practice. As regards measures taken to address the causes of such accidents, the Government indicates that the SLS established a commission to review regulatory documents on removing gases, ventilation and combating gas-dynamic phenomena, but does not refer to measures taken in mines in general. The Committee nevertheless notes the observations from the ITUC, which refers to the high rate of occupational accidents and diseases in the mining sector, and alleges that occupational fatalities and diseases in mining are underestimated as there is scant data in the industry. The ITUC further alleges that, according to the SLS, 68.7 per cent of workers in mining have been working in conditions which fail to meet sanitary and hygienic standards, that 53.5 per cent work with excessive dust, 42.3 per cent with excessive noise, 14.2 per cent with excessive vibration, and 9.8 per cent with excessive exposure of harmful chemicals. The Committee requests the Government to provide its comments in respect of the ITUC’s observations. The Committee also requests the Government to take the necessary measures to ensure that full effect is given to Article 10(d) of the Convention, requiring that employers shall ensure that all accidents and dangerous occurrences are investigated and appropriate remedial action is taken in practice. As regards Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, the Committee refers to its comments adopted in 2020 concerning Article 11(c) of Convention No. 155. The Committee also requests the Government to provide further detailed information on the measures taken to ensure the application, in mines, of the employers’ duties contained in Articles 7 and 10.

Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 42 of the Labour Protection Act provides that OSH representatives may apply for assistance to the bodies in charge of state supervision over OSH, and have a right to participate and make appropriate proposals during inspections. The Committee also notes, however, the observations of the KVPU, alleging that the national legislation does not provide for mandatory and documented procedures to secure real forms of participation by workers’ and their representatives in consultations on OSH at the workplace. The Committee requests the Government to provide its comments in this respect and to provide further information on the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to safety and health at the workplace in accordance with the provisions of the Article.

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

[The Government is asked to reply in full to the present comments in 2022.]

Article 6 of the Convention. Programmes of action and removal of children from the worst forms of child labour. Trafficking of children. The Committee notes the Government’s reference in its report, in response to its request, to the 2018 implementation report of the National Action Plan for 2016–20 on Combating Trafficking in Human Beings, annexed to the Government’s report. It notes that the objectives of the National Action Plan for 2016–20 include, among other things, the prevention of trafficking in persons and the protection of the rights of its victims, especially children. The Committee also notes, from the information in the 2018 implementation report, the undertaking of a significant number of awareness-raising activities in the different regions of the country to prevent the trafficking of children (including the holding of seminars, round tables, meetings and workshops), and the publication of educational material (including videos, games, and printed material), with dedicated activities in schools. It also notes from the same source the information on the conduct of training for law enforcement personnel, teachers, social workers, and staff of child protection institutions. Moreover, it notes the information on actions to detect and provide assistance to children in unfavourable conditions. Taking due note of the Government’s efforts, the Committee requests it to continue to provide information on the measures taken to prevent and combat the trafficking of children, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. In its previous comment, the Committee noted the type of assistance measures usually provided to child victims of trafficking by the state (placement in children’s centres or shelters and the provision of social, psychological, educational, medical, legal and other support for their rehabilitation) and the concrete assistance provided by the International Organization for Migration (IOM) in this respect.

The Committee notes the Government’s indication, in response to its request, that in 2019, the status of victim of trafficking was assigned to eight children (two boys and six girls), who subsequently received support as provided for in the Anti-Human Trafficking Act of Ukraine. In this context, the Committee notes from the 2018 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) that while the number of adult victims identified between 2014 and 2018 has increased, there are significant practical shortcomings in the identification of child victims, including by the police and the State Migration Service, and that the scale of the phenomenon is not known (paragraphs 140 to 151). It notes that GRETA recommends, among other things, to improve training and tools for the identification of child victims of trafficking in persons, and to set up sufficient and adequately funded shelters with qualified staff and assistance services for presumed child victims of trafficking (paragraph 152). The Committee requests the Government to provide information on any progress made regarding measures taken (use of indicators and tools, cooperation between the relevant actors, etc.) to improve the identification of child victims of trafficking. It also requests the Government to provide more detailed information regarding the protection of child victims of trafficking in persons, including the number of child victims identified, and the types of assistance and services provided to them.

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) in its concluding observations remained concerned that Ukraine continued to be one of the largest source countries of trafficking in Europe. It also noted the Government’s information on the training and capacity-building activities in 2016 for the national police on trafficking in persons, and the investigations undertaken in 2015 regarding the application of section 149 of the Criminal Code on trafficking in persons, including six minors. The Committee requested the Government to provide specific information on the number of convictions and the penalties imposed on persons found guilty of trafficking children under 18 years of age.

The Committee notes an absence of information in the Government’s report on this issue. In this respect, the Committee refers to its comments on the application of the Forced Labour Convention, 1930 (No. 29) in which it notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice (in 2018, there were 291 investigations, 168 cases were brought to the courts, and 15 convictions were issued, with five prison sentences). The Committee notes, from the website of the State Judicial Administration, that these convictions concerned trafficking of five children. Referring to its comments on the application of Convention No. 29, the Committee strongly urges the Government to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It also once again requests the Government to provide specific information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code on persons found guilty of trafficking children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. In its previous comments, the Committee noted the grave concern expressed by the CRC in its concluding observations at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of internet users of child pornography (5 million users per month).

The Committee notes the Government’s indication in its report in response to the Committee’s request that, to strengthen the protection of children from sexual exploitation, amendments were made to the Criminal Code in 2018, including to section 302(4), which now provides for a penalty of between five and ten years for maintenance of brothels or procurement in cases involving children. The Committee also notes that the Government refers to cases concerning the investigation of sexual acts involving children, but that the Government does not provide specific information as regards the use, procuring or offering of children for prostitution, production of pornography or for pornographic performances. The Committee requests the Government to take the necessary measures to ensure the effective application of section 301 (import, manufacture, sale and dissemination of pornographic material), section 302 (maintenance of brothels and procurement) and section 303 (pimping or involvement of another in prostitution) of the Criminal Code as regards cases involving children, including the imposition of penalties constituting an effective deterrent. It once again requests the Government to provide statistical information on the number and nature of violations reported in this respect, investigations and prosecutions carried out, and convictions and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comment, the Committee noted from the report of the United Nations High Commissioner for Human Rights (OHCHR) on the situation of human rights in Ukraine (A/HRC/27/75) the suspension of school education in several towns of the Donetsk region due to the armed conflict in the country, and variations in school attendance where schools had remained opened. It further noted from that report that 35 per cent of the 155,800 internally displaced persons from the Donbas region and the Crimea, had been children who needed to be enrolled in school, and that an estimated 450,000 internally displaced persons, including children had been identified from the cities of Donetsk and Luhansk. The Committee had expressed its concern at the situation of children deprived of education in the climate of insecurity prevailing in the country.

The Committee notes the Government’s indication, in response to the Committee’s request, that between 2016 and 2019, the number of schools in rural areas increased significantly, and that much was done to enrol a number of children with disabilities in inclusive classes. The Committee also notes the Government’s reference, to Order No. 367 of 2018, which according to the Government provides for improved access of education to internally displaced children, including: (i) simplified school enrolment; (ii) distance and individual learning; (iii) the possibility to sit the final school examination without enrolment; (iv) access to a higher or professional (vocational) education institution following an independent evaluation; and (v) the possibility to obtain a secondary-education certificate in one year. In this context, the Committee also notes that the Committee on Economic, Social and Cultural Rights (CESCR) in its 2020 concluding observations remains concerned at the regional disparities in access to quality education, with remaining problems in the Donetsk and Luhansk regions. The Committee also notes that the CESCR expresses concern at the persistently high rate of illiteracy among the Roma population, the high dropout rates among Roma children in secondary education, and the under-representation of Roma children in secondary and tertiary education (E/C.12/UKR/CO/7, paragraph 44). While noting the measures already taken and the difficult situation prevailing in the country, the Committee strongly encourages the Government to continue to take measures to facilitate access to free basic education for all children, particularly children in areas of armed conflict and internally displaced children, as well as children from the Roma population. It requests the Government to provide information on the concrete results achieved in this respect.

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

Comments adopted by the CEACR: Ukraine

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A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

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Labour inspection: Conventions Nos 81 and 129

Labour administration: Convention No. 150

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Legislative developments

Minimum wage

Protection of wages

ILO technical assistance

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A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Occupational Health Services Convention, 1985 (No. 161)

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Occupational Cancer Convention, 1974 (No. 139)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Safety and Health in Mines Convention, 1995 (No. 176)

Safety and Health in Agriculture Convention, 2001 (No. 184)

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Occupational Safety and Health Convention, 1981 (No. 155)

Occupational Cancer Convention, 1974 (No. 139)

Safety and Health in Mines Convention, 1995 (No. 176)

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