Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication dated 31 August 2004 received from the Confederation of Free Trade Unions of Ukraine (KSPU), which it will examine at its next session together with any comments the Government may wish to make in reply. It also notes that the Government’s report contains no reply to previous comments. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that article 24 of the Constitution provides for equality between women and men in obtaining education and professional training, in work and remuneration, and for the promotion of measures to facilitate reconciliation of work and family for women. It hopes that the Labour Code under preparation will include the principle of "equal remuneration for men and women for work of equal value", and that the scope of remuneration will be sufficiently broad to cover the basic wage, the additional wage and other incentive and compensatory payments. In accordance with the Convention, the Committee reiterates its request for information on the progress accomplished in the drafting and adoption of the Labour Code.

2. The Committee notes Decree No. 134 of the Cabinet of Ministers on Labour Remuneration of Employees of the Budgetary Sphere 2001, by which the Cabinet of Ministers approves the salary scales of the "employees of the institutions and organizations financed from the budget". It notes that these salary scales are to be differentiated depending on the complexity of work, the institutional and legal level of a position, the functions performed and other working conditions. The labour remuneration of the "employees of the institutions and organizations financed from the budget" are established irrespective of origin, social and property status, race and nationality and sex. The Committee would be grateful to receive statistical data on actual remuneration of "employees of the institutions and organizations financed by the budget" disaggregated by sex and level of responsibility.

3. The Committee notes again that equal remuneration for work of equal value is implemented through sectoral agreements, which establish wage rates by occupation based on the level of qualification, and that enterprise-level collective agreements are established, based on the sectoral agreement. The Committee is obliged to repeat its request for a copy of the general agreement, as well as copies of the sectoral agreements containing the standards laid down for the conclusion of collective agreements, which fix the wage rates and salary scales in private enterprises and organizations.

4. The Committee once again reiterates its request for information on the activities of the tripartite National Council for Social Partnership, which promotes the application of the Convention.

5. The Committee notes the 2001 statistics sent with the Government’s report, in particular that the average monthly wage of women is remarkably lower than that of men (256.17 to 367.45 hryvnas) and that the gap exists for each sector of activity. The Committee asks the Government to supply information on the measures taken to analyse the reasons for and to reduce the remuneration gap between men and women in the performance of jobs of equal value.

6. The Committee notes the Government’s statement that given that the principle of the Convention is respected in the national legislation and sectoral agreements, "there is no inspection in charge of performing specific supervisory functions, and no judicial, administrative and criminal procedures are applied in this connection". The Committee urges the Government to take further steps in order to strengthen the enforcement and supervision of the principle of the Convention. In this regard, the role of labour inspections is fundamental, together with specialized bodies, the courts and cooperation with workers’ and employers’ organizations, to promote, enforce and supervise the implementation of the principle. The Committee asks the Government to supply detailed information on the measures taken in this regard.