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

Termination of Employment Convention, 1982 (No. 158) - Ukraine (Ratification: 1994)

The Committee notes the useful explanations provided by the Government in response to its request. It requests the Government to provide further explanation in its next report concerning the following points.

Article 2, paragraph 2(c), of the Convention. The Committee is given to understand that, pursuant to this provision, seasonal workers or temporary workers are excluded only from the application of provisions of Article 6 and Articles 13 and 14 of the Convention. Please indicate whether this is the case.

Article 2, paragraphs 4 to 6. The Committee notes the Government's confirmation that no category of employed persons is excluded from the application of the Convention under these provisions.

Article 6. The Committee notes that the protection provided under paragraph 1 of this Article is restricted, pursuant to paragraph 2, to a period of four months.

Article 10. Please provide examples of court decisions enforcing the reinstatement of the worker or the payment of compensation.

Article 11. Please indicate whether a notice period is compulsory in the event of dismissal for reasons of misconduct established under section 40 of the Labour Code. Please also indicate whether a reasonable period of notice is applied in other cases of dismissal relating to the conduct or the work of the worker.

Article 12, paragraph 1. Please indicate the measures adopted or envisaged in order to ensure that the amount of severance allowance is based, inter alia, on the length of service of the dismissed worker.

Article 13. Please provide examples of the clauses of the collective agreements which lay down the procedures to follow to ensure the consultation of workers' representatives in the event of dismissal for economic, structural or similar reasons.

Points IV and V of the report form. Whilst noting with interest the legal provisions which give effect to the Convention, the Committee considers that it does not have sufficient information to fully assess the practical application of the Convention. The Committee again requests the Government to provide examples of court decisions relating to dismissal. Please also provide any available statistical data on the appeals against termination of employment and the outcome of such appeals. The Committee again requests the Government to provide any available statistical data in respect of the number of terminations for economic or similar reasons. Finally, the Committee would be grateful if the Government would provide any general comment it may deem useful in respect of the manner in which the Convention is applied, in particular in the current context of enterprise restructuring, indicating any practical difficulties encountered in the implementation of the Convention.