Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s reply to the comments made in 2006 by the International Confederation of Free Trade Unions (ICFTU) on the issue of trade union registration, restrictions on the right to strike, interference in trade union activities and harassment of trade unionists. The Committee recalls that most of the ICFTU concerns were dealt with in Case No. 2388 before the Committee on Freedom of Association and notes that the Committee on Freedom of Association noted with interest the information provided by the Government on the outcome of investigations into the cases of alleged violations of trade union rights and considered that Case No. 2388 did not call for further examination (see 350th Report).

The Committee notes the communication dated 4 June 2008 received from the Confederation of Free Trade Unions of Ukraine (KSPU) submitting comments on the new draft Labour Code, which, in its opinion, would have a negative impact on the trade union activities and the comments of the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 on instances of State interference in trade union affairs. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers and employers to establish organizations without previous authorization. The Committee recalls that, in its previous comments, it had noted the contradiction between section 87 of the Civil Code (2003), according to which, an organization acquires its rights of legal personality from the moment of its registration, on the one hand, and section 16 of the Trade Unions Act, as amended in June 2003, providing that a trade union acquires the rights of a legal person from the moment of the approval of its statute and that a legalizing authority confirms the status of a trade union and no longer has a discretionary power to refuse to legalize a trade union, on the other. The Committee had therefore requested the Government to amend section 87 of the Civil Code so as to eliminate the contradiction within the national legislation and so as to fully guarantee the right of workers to establish their organizations without previous authorization. Regretting that no information has been provided by the Government in this respect, the Committee reiterates its previous request and asks the Government to indicate the measures taken or envisaged in this respect.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities. The Committee recalls that, for a number of years, it had been requesting the Government to repeal section 31 of the Law on employers’ organizations, which provided that the bodies of the State authority shall exercise control over economic activities of employers’ organizations and their associations. In this respect, it had noted that the draft amendments to the Law were being prepared and expressed the hope that the new amendments would take into account the Committee’s request. The Committee regrets that no information has been provided by the Government, neither in respect of the measures taken to repeal section 31, nor in respect of the progress made in amending the Law. Recalling once again that the right of workers’ and employers’ organizations to organize their administration without interference by the public authorities includes, in particular, autonomy and financial independence and the protection of the assets and property of these organizations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 124), the Committee reiterates its request and asks the Government to indicate the measures taken or envisaged to repeal section 31.

The Committee had previously requested the Government to amend section 19 of the Act on the procedure for the settlement of collective labour disputes, which provided that a decision to call a strike had to be supported by a majority of the workers or two-thirds of the delegates of a conference. The Committee regrets that the Government limits itself to providing the information it had provided previously (to the effect that the provision concerning the adoption of the decision by the majority of workers applies to enterprises where the number of workers is such as to allow for the possibility, in practice, of holding a workers’ assembly; if, however, the enterprise employs a large number of workers, they shall elect delegates to a conference, in this case, the decision to declare a strike shall be taken by two-thirds of the delegates). The Committee once again recalls that if the national legislation requires a vote before a strike can be held, it should ensure that account is taken only of the votes cast and the majority is fixed at a reasonable level (see General Survey, op. cit., paragraph 170). It therefore once again requests the Government to take the necessary measures to amend section 19 of the Act on the procedure for the settlement of collective labour disputes accordingly and to indicate the progress achieved in this respect.

In its previous observations, the Committee had requested the Government to provide information on the practical application of article 293 of the Penal Code, according to which, organized group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein, are punishable by a fine of up to 50 minimum wages or imprisonment for a term of up to six months and, in particular, in respect of an industrial action. In view of the absence of the Government’s reply, the Committee reiterates its request.

A request on another point is being addressed directly to the Government.