Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the report supplied by the Government. It also notes the observations made by the Independent Union of Miners at the Barakov Mine Enterprise in relation to alleged violations of the Convention in the mine, and the information supplied by the Government in reply. In this regard, see the Committee's comments under Convention No. 98.

The Committee notes the Government's statement that, aware of the importance of complying with international commitments, the Cabinet is taking specific measures to reform industrial relations and improve the framework of laws and standards. In particular, the Government indicates that the Act on the settlement of collective labour disputes was passed in March 1998. Furthermore, the Government states that the Cabinet, in consultation with employers' organizations and trade unions, has drafted and submitted to the Supreme Council draft Acts on trade unions, on social partnership and on amendments and additions to the Act on collective agreements and accords. Finally, a draft Presidential Decree on a national mediation and conciliation service has also been drawn up.

In this connection, the Committee would recall its previous comments in which it emphasized the importance of ensuring that all workers and employers, without distinction whatsoever, including nationals and foreigners working in the territory of the Ukraine, have the right to form and join organizations for the defence of their interests (Article 2 of the Convention) and that such organizations are able to organize their activities and formulate their programmes without interference by the government authorities.

The Committee trusts that the texts referred to by the Government will ensure this principle and requests the Government to transmit copies of the above-mentioned draft texts so that it may ascertain their conformity with the Convention.

Finally, the Committee requests the Government to indicate in its next report whether the former provisions of the Penal Code which were previously applicable in the USSR, and particularly section 190(3) which contained significant restrictions on the exercise of the right to strike in the public and transport sectors enforceable by severe sanctions, including up to three years' imprisonment, have been repealed by a specific text.

The Committee notes with interest the adoption of the Act on the procedure for the settlement of collective labour disputes and is addressing a request directly to the Government in respect of certain matters relative to this law.