Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Supply of legislation. The Committee requests the Government once again to provide a copy of the Law on Military Service of 18 June 1999, to which reference was made in the Government’s earlier reports.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including also the exaction of work which has not been provided for in the employment contract (section 173). Having noted the Government’s indications in its reports concerning the applicability of the above penal provisions to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of section 173 in practice, including information on any legal proceedings which have been instituted under this section as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Noting also the Government’s indication in its 2007 report that 376 cases were registered in 2006 under section 149 of the Criminal Code (trafficking in human beings), the Committee would appreciate it if the Government would provide information on the penalties imposed on perpetrators and supply sample copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the Government’s reply to its earlier comments. It requests the Government once again to provide a copy of the Law on Military Service of 18 June 1999, to which reference was made in the Government’s earlier reports.

Article 25 of the Convention. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee referred to certain provisions of the Criminal Code, under which various sanctions (such as fines, correctional works, arrest or limitation of freedom) may be imposed for serious violations of labour legislation, including also the exaction of work which has not been provided for in the employment contract (section 173). Having noted the Government’s indications in its reports concerning the applicability of the above penal provisions to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of section 173 in practice, including information on any legal proceedings which have been instituted under this section as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Noting also the Government’s indication in its 2007 report that 376 cases were registered in 2006 under section 149 of the Criminal Code (trafficking in human beings), the Committee would appreciate it if the Government would provide information on the penalties imposed on perpetrators and supply sample copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. The Committee notes a communication dated 30 May 2003 received from the Customs Employees Union of Ukraine, which contains the union’s comments on the draft disciplinary statute of the customs service, as well as the Government’s reply to these comments. In the absence of the draft text in question, the Committee does not consider it appropriate to draw any definite conclusions about its conformity to the Convention. However, the Committee notes from the Government’s reply that the State Customs Service of Ukraine was instructed to examine the union’s complaint and to ensure the participation of its representatives in the drafting process, and that some of the union’s comments and proposals on the draft were taken into account in its final version submitted to Parliament. The Committee hopes that the Government will keep the ILO informed of the developments and will supply the text for examination by the Committee, as soon as it is adopted.

2. Freedom to leave the service. In its earlier comments, the Committee noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, provides for a possibility for career military personnel to terminate their service at their own request. The Committee has also noted the Government’s indication in its latest report that section 26 of the Law on Military Service, of 18 June 1999, contains a similar provision in respect of career military officers. Referring to its earlier comments, the Committee asks the Government to indicate whether a request to be discharged from military service can be refused in time of peace, and if so, whether recourse is available against a decision of refusal. Please also supply a copy of the Law on Military Service, of 18 June 1999, referred to above.

3. Article 25 of the Convention. The Committee has noted the adoption of the new Criminal Code, which entered into force on 1 September 2001. It has noted the Government’s indications in the report that sections 172 and 173 of the new Criminal Code impose various sanctions (including fines, correctional works, arrest or limitation of freedom) for serious violations of labour legislation; such violations, according to the Government, may also cover the exaction of work which has not been provided for in the labour agreement. Having noted the Government’s explanations in its report concerning the applicability of the above sections of the new Criminal Code to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of these sections in practice, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes a communication dated 30 May 2003 received from the Customs Employees Union of Ukraine, which contains the union’s comments on the draft disciplinary statute of the customs service, as well as the Government’s reply to these comments. In the absence of the draft text in question, the Committee does not consider it appropriate to draw any definite conclusions about its conformity to the Convention. However, the Committee notes from the Government’s reply that the State Customs Service of Ukraine was instructed to examine the union’s complaint and to ensure the participation of its representatives in the drafting process, and that some of the union’s comments and proposals on the draft were taken into account in its final version submitted to Parliament. The Committee hopes that the Government will keep the ILO informed of the developments and will supply the text for examination by the Committee, as soon as it is adopted.

2. The Committee has noted the Government’s reply to its earlier comments, including the information supplied in response to the Committee’s general observation of 2000 concerning measures to combat trafficking in persons for the purpose of exploitation.

Freedom to leave the service. In its earlier comments, the Committee noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, provides for a possibility for career military personnel to terminate their service at their own request. The Committee has also noted the Government’s indication in its latest report that section 26 of the Law on Military Service, of 18 June 1999, contains a similar provision in respect of career military officers. Referring to its earlier comments, the Committee asks the Government to indicate whether a request to be discharged from military service can be refused in time of peace, and if so, whether recourse is available against a decision of refusal. Please also supply a copy of the Law on Military Service, of 18 June 1999, referred to above.

Article 25 of the Convention. The Committee has noted the adoption of the new Criminal Code, which entered into force on 1 September 2001. It has noted the Government’s indications in the report that sections 172 and 173 of the new Criminal Code impose various sanctions (including fines, correctional works, arrest or limitation of freedom) for serious violations of labour legislation; such violations, according to the Government, may also cover the exaction of work which has not been provided for in the labour agreement. Having noted the Government’s explanations in its report concerning the applicability of the above sections of the new Criminal Code to cases of the illegal exactions of forced or compulsory labour, the Committee requests the Government to provide information on the application of these sections in practice, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. Please also communicate a copy of the new Criminal Code of 2001.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the information concerning the organization of auxiliary labour in agriculture, which, according to the regulations on the procedure of the organization of seasonal works of 27 April 1998, is carried out on the basis of a contract concluded between a worker and an enterprise in accordance with the general labour legislation.

Freedom to leave the service. The Committee previously noted that section 8(2) of the Act on the Social and Legal Protection of Members of the Armed Forces, of 20 December 1991, refers to a possibility for career military personnel to terminate their service at their own request. Referring to its earlier comments, the Committee asks the Government to supply additional information on the rules governing acceptance or refusal of a request to be discharged from military service, and on any recourse available against a decision of refusal.

Article 25 of the Convention. The Committee has noted with interest the amendments made to the Criminal Code by Law No. 210 of 24 March 1998, according to which sanctions of imprisonment have been introduced for trafficking in persons with the purpose of exploitation of their labour. Referring also to the Government’s explanations in its report concerning the applicability of section 133 of the Criminal Code to cases of the illegal exactions of forced or compulsory labour, as well as to the Committee’s general observation on Convention No. 29 published in its report submitted to the 89th Session of the International Labour Conference, 2001, the Committee requests the Government to provide information on the application of section 133 in practice, such information to include a report as to any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

Article 1(1) and Article 2(1) of the Convention. 1. Further to its previous comments, the Committee notes the information provided by the Government on the right of military career personnel to ask for termination of their service. The Committee would ask the Government to indicate in its next report whether a request by those concerned to be discharged from military service can be refused in time of peace, and to specify which is the competent authority and whether a recourse is available against a decision of refusal.

2. As regards auxiliary labour in agriculture or seasonal agricultural work based on a mutually agreed conditions, the Committee asks the Government to provide any relevant information on the manner in which such labour is organized in law and practice and to supply relevant texts.

Article 25. 3. The Committee notes the information on the sanctions under section 133 of the Penal Code in case of illegal exaction of forced labour, particularly sanctions other than pecuniary fines. The Committee would ask the Government to specify under what section these sanctions are mentioned, and to indicate whether they would be applicable in all cases involving the illegal exaction of forced labour, private employers as well as administrative bodies.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report. It notes, in particular, that the new Constitution of Ukraine adopted on 28 June 1996 contains provisions prohibiting the use of forced labour (article 43), thus confirming the previously adopted national provisions on the subject.

1. With reference to its previous comments, the Committee notes with interest from the Government's report that, under point 2 of section 8 of the Act respecting the social and legal protection of military personnel and their family members, military personnel, with the exception of those serving for a fixed period, may at their own request be discharged from military service before they become entitled to retirement pensions. The Committee understands that discharge of military personnel at their own request is not dependent on other conditions for discharge, such as state of health. It would appreciate it if the Government would specify in its next report whether service will, in all cases be terminated at the unilateral request of those concerned, or whether termination depends on acceptance of the request by the authorities, and whether this may be refused in time of peace. The Committee would also appreciate it if the Government would supply a copy of the legal provision under which military personnel may ask for termination of their service.

2. Article 25 of the Convention. The Committee referred in its earlier comments to the enforcement of law, in particular section 31 of the Labour Code and section 133 of the Penal Code. The Committee noted the Government's indication in its previous report that penalties for infringement of labour legislation (administrative penalties in the form of fines under section 41 of the Code of Administrative Offences) had been strengthened by Act of 17 July 1992 which provided that fines for such offences, including section 41, were to be applied tenfold. The Committee also noted that a Bill to provide for an increase in the amount of the fine, including those under section 41, to up to ten times the minimum wage, was being prepared. It asked the Government to supply information on the action taken on this Bill. In addition, the Committee wondered whether pecuniary fines of the kind envisaged were really adequate to deter from the illegal exaction of forced labour, especially in times of inflation. The Committee accordingly requested the Government to give consideration to introducing into the Penal Code appropriate provisions to give effect to Article 25 of the Convention, and to report on any measures taken or contemplated to this end. The Committee also requested the Government to provide information on proceedings engaged and on sanctions applied under section 133 of the Penal Code.

Since no information has been supplied on these matters in the Government's latest report, the Committee hopes that the Government will not fail to supply the information requested in its next report.

3. As regards the use of auxiliary labour in agriculture, the Committee noted in its earlier comments the Government's indication that the recruitment of labour, formerly carried out under various decisions of governmental bodies of the Republic, is now organized exclusively on a voluntary basis. The Committee requested the Government to supply more details on the manner in which this voluntary labour is organized and to provide samples of agreements concluded between agricultural and industrial enterprises to which the Government referred in its previous report as to the basis for recruitment of labour for seasonal and agricultural work.

The Committee notes the Government' statement in its latest report that the practice of recruitment of labour for seasonal agricultural work based on mutually advantageous agreements between agricultural and industrial enterprises and exclusively on a voluntary basis, has not become widespread. In so far as the practice exists, the Committee reiterates its request to the Government to supply further details on the manner in which this voluntary auxiliary labour in agriculture is organized, in law and in practice, and to supply relevant texts.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report.

1. Referring to its previous comments the Committee notes that on 20 December 1991 the Supreme Soviet adopted the Act respecting the social and legal protection of military personnel and their family members. The Committee notes the Government's indication that under section 8, subsection 2, "military personnel, with the exception of those serving for a fixed period, may not be discharged from military service until they become entitled to retirement pensions, except for cases in which their service is terminated at their own request in connection with their state of health, the end of their period of service or failure to fulfil the conditions of their contract" ... which shows, according to the Government, that legislation provides for the possibility of military personnel being discharged at their own request. The Government adds that under section 5 of the Act military personnel have the right to appeal in court against unlawful acts of military officials and military administrative bodies.

While noting the Government's indication on judicial remedies, the Committee notes, however, that under paragraph 2 of article 8 of the Act, discharge on own request for military personnel serving under a contract other than a fixed-term, is limited by reference to their state of health. The Committee would draw the Government's attention to paragraphs 67 to 73 of its 1979 General Survey on Forced or Compulsory Labour where it referred to restriction on freedom of workers to terminate employment and where it pointed out that persons in the service of the State, including military personnel, should have the right to leave the service on their own initiative within a reasonable period, either at specified intervals or by giving notice.

The Committee hopes that the Government will provide information on measures taken or envisaged with a view to ensuring the observance of the Convention in this respect.

2. Article 25 of the Convention. In its previous comments the Committee took note of observations made by the Malapolski Regional Direction of the Independent Self-Governing Trade Union "Solidarity" (Solidarnosc) and by the Local Committee of the Kharkov City Trade Union Organization of Engineering Workers, (communications of February, March, April 1991 and February 1992). In these communications it was alleged that forced labour had been used over many years everywhere in the former USSR in building factory and residential buidings, on vegetable production bases and in the execution of practically all kinds of agricultural tasks.

As concerns the use of auxiliary labour in agriculture, the Committee noted the Government's indication that the recruitment of labour, formerly carried out under various decisions of governmental bodies of the Republic, is now organized exclusively on a voluntary basis. The Committee requested the Government to supply more details on the manner in which this voluntary labour is organized.

The Committee notes that in relation to auxiliary labour in agriculture, the Government indicates that, unlike previous years, when the workforce was recruited on the basis of various decisions of Government bodies, the recruitment of labour for seasonal agricultural work, is currently organized exclusively on the basis of mutually advantageous agreements between agricultural and industrial enterprises which for various economic reasons have surplus labour at different times, and only on a voluntary basis.

The Committee would request the Government to provide samples of such agreements.

In relation to work in industry and building sites, the Committee referred to the enforcement of law, in particular section 31 of the Labour Code and section 133 of the Penal Code and also to questions raised in this connection as to the number of cases brought in the last years at the trade union's demand under section 133 of the Penal Code and as to the real power of the Chief Labour Inspector of the Regional Council of Trade Unions who could only impose a fine of 50 roubles and issue instructions for the elimination of the violation of labour legislation. The Committee expressed the hope that the Government would be in a position to supply full particulars on measures taken to ensure that penalties imposed by law for the illegal exaction of forced or compulsory labour are really adequate and are strictly enforced.

The Committee notes the Government's indication that penalties for infringement of labour legislation (administrative penalties in the form of fines under section 41 of the Code of Administrative Offences) have been strengthened by Act of 17 July 1992 which provides that fines for such offences, including section 41, are to be applied tenfold. The Committee also notes that a Bill to provide for an increase in the amount of the fine, including those under section 41, to up to ten times the minimum wage, is being prepared.

The Committee notes these indications with interest. It hopes that the Government will supply in its next report information on the action taken on this Bill. In addition, the Committee wonders whether pecuniary fines of the kind envisaged are really adequate to deter from the illegal exaction of forced labour, especially in times of inflation. The Committee accordingly requests the Government to give consideration to introducing into the Penal Code appropriate provisions to give effect to Article 25 of the Convention, and to report on any measures taken or contemplated to this end.

The Committee also requests the Government to provide information on proceedings engaged and on sanctions applied under section 133 of the Penal Code.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with satisfaction that section 214 of the Penal Code concerning "persons leading a parasitic way of life", and the Order of 3 January 1985 of the Supreme Soviet of the Ukrainian SSR on the manner to applying this section, were repealed by Act of 7 July 1992 (No. 2547-XII).

The Committee likewise notes that by Order of 10 September 1991, No. 194, of the Council of Ministers, Order No. 138 of 10 March 1970 respecting measures to strengthen the struggle against persons evading socially useful work and leading a parasitic way of life, and Order No. 365 of 10 November 1987 respecting additional measures to recruit the unemployed part of the able-bodied population for socially useful work, were repealed.

The Committee finally notes with satisfaction that by Order of 7 July 1992 (No. 2548-XII), the Supreme Soviet of the Ukraine decreed that persons convicted under section 214 of the Penal Code be released from serving their sentences and that criminal proceedings against persons charged under the aforementioned section be dropped.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its general direct request of 1981, the Committee referred to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour concerning restrictions on the freedom of workers to terminate their employment. It noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, is governed by statutory provisions under which the right to leave the service is subject to authorisation. In some cases a link is made between the length of training received and that of service normally required before resignation is accepted. In view of the fact that such restrictions may have a bearing on the application of the Conventions on forced or compulsory labour, the Committee once again requests the Government to supply with its next report information on national legislation and practice concerning the situation of the various categories of persons in the service of the State, with particular regard to their freedom to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

2. With reference to its previous comments, the Committee notes the provisions of the Decree of 21 August 1985 of the Presidium of the Supreme Soviet of the Ukrainian SSR, supplied by the Government with its report, under which, due to the coming into force on 1 June 1985 of the Code respecting administrative offences, the Administrative Code of the Ukrainian SSR of 1927 (Official Journal of the Ukrainian SSR, 1927, No. 63-65, ct. 240) has become null and void.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report.

1. Resignation of members of collective farms. The Committee notes with satisfaction that the freedom of members of collective farms to leave the farm, announced on 28 May 1987 in a communiqué of the Presidium of the Union Council of Collective Farms, has been written into the text of the new Model Collective Farm Rules adopted by the General Congress of Members of Collective Farms on 23 March 1988. According to these Model Rules, all members of collective farms have the right to resign by giving three month's written notice. Neither the management nor the general assembly of the members of a collective farm have the right to refuse applications to resign, which take effect after the three-month period, even in the absence of a reply. In addition, the management is obliged to hand out to the former member of the collective farm his work-book on the day on which the resignation takes effect. The Committee also notes with interest that by virtue of section 10 of Act No. 49 of 26 May 1988 respecting co-operatives, voluntary membership and free withdrawal are among the principles governing the activity of co-operatives.

2. Legislation concerning persons "leading a parasitic way of life". In its previous observations, the Committee referred to the provisions of section 214 of the Penal Code concerning persons "leading a parasitic way of life", and to the Order of 3 January 1985 of the Presidium of the Supreme Soviet of the Ukrainian SSR on the manner of applying this section. The Committee notes Order No. 11 of 28 December 1984 of the Plenum of the Supreme Court of the Ukrainian SSR, concerning court practice on this matter, which was supplied by the Government with its report. This Order defines "unearned income" by reference to means obtained through gambling, fortune-telling, begging, petty speculation and other illegal methods; the Order gives no definition of "other illegal methods".

The Committee has noted with interest the report submitted by the Government of the USSR to the Human Rights Committee in accordance with the International Covenant on Civil and Political Rights (Document CCPR/52/Add.6 of 2 October 1989) which refers in particular to the legislative programme approved by the Supreme Soviet for the defence of the rights and legitimate interests of citizens. In this connection, the Committee notes that the fundamental principles of penal legislation are currently under review.

The Committee hopes that on the occasion of the planned legislative changes, the Government will be able to envisage adopting measures to clearly exclude from the legislation any possibility of compulsion to work that is not in conformity with the Convention, either by repealing section 214 of the Penal Code, or by limiting the scope of this provision to persons engaging in illegal activities. The Committee hopes that the Government will supply information on developments in this direction.