Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - Ukraine (Ratification: 1994)

Autre commentaire sur C158

Demande directe

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The Committee notes the Government’s detailed report received in August 2011. It notes that the Government’s intention to adopt a new Labour Code which would replace the previous legislation, as well as a number of other legal acts and regulations which currently supplement the Labour Code of 1971. The ongoing revisions aim to adapt labour legislation to market conditions and introduce changes to the current law. The Committee notes the observations made by the National Forum of Trade Unions of Ukraine (NFTUU) and the Confederation of Free Trade Unions of Ukraine (KVPU) in April 2010 and August 2010, respectively, and the Government’s response to those observations in September 2010. The NFTUU indicated that section 122 of the draft Labour Code regarding termination of employment at the employer’s initiative was not in conformity with the Convention because the employment of a trade union representative could be terminated only with the consent of the trade union. The Government indicated that, in the process of discussing and revising the draft, the social partners have agreed to establish a procedural framework for compulsory consultations addressing the issue of termination of employment of a trade union representative. The Government indicated that the draft law provided for a possibility to address the court by the relevant elected body of the trade union organization, which did not exist in the past. The KVPU reported that section 48 of the draft Labour Code increases the probationary period from three to six months and that section 49 of the draft Labour Code provided the employer with an unlimited right to dismiss a worker during the probationary period. The KVPU indicated that there is a widespread practice, especially in the banking sector, to dismiss workers after three months in order to avoid paying any severance benefits. The Government confirmed that the employer is entitled to dismiss the worker during the probationary period if the worker does not meet the job requirements. However, it indicated that, although the worker is not entitled to severance benefits, the worker is entitled to unemployment benefits from the Employment Service and, consequently, the provisions in question appear to be in line with the Convention. The Committee understands that the remarks of both trade unions were based on a 2009 draft project of the Labour Code, which might have been modified since, and that the 1971 Labour Code of Ukraine, as amended, is still in effect. The Committee trusts that the Government will be mindful of each of the provisions of the Convention, in order to ensure their full and effective application, when reviewing its Labour Code. It also invites the Government to provide a report containing relevant information on the application of the Convention if modifications to the current termination of employment legislation were to occur before 2016 when its next report is normally due. The Committee also invites the Government to provide in its next report information on the manner in which the Convention is applied in practice, including examples of collective agreements and court decisions dealing with grounds for termination, consultations with workers’ representatives in case of terminations for reasons of economic, technological, structural or similar nature (Article 13(1) of the Convention) and available statistics on the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided (Part V of the report form).