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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Ukraine (Ratification: 2000)

The Committee notes the information contained in the Government’s first report. It asks the Government to provide further information in its next report on the following points.

1. The Committee hopes that the new Labour Code, which is still in draft form, will contain provisions prohibiting discrimination against both male and female workers with family responsibilities, and will facilitate their access to employment and their reconciliation of work and family responsibilities in their terms and conditions of employment. Please provide a copy of the new Labour Code when it is adopted.

2. Article 2. The Committee requests the Government to indicate the manner in which the Convention is applied to foreign workers residing in Ukraine.

3. Article 3. The Committee notes the constitutional provisions and section 5 of the Employment of the Population Act. The Committee notes the Government’s indication that a number of other instruments have been adopted to promote the application of the Convention. However, without copies of these documents, the Committee is unable to assess fully the Government’s compliance with the Convention, particularly in terms of whether it continues to make it an aim of national policy to enable persons with family responsibilities to engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. Therefore the Committee requests the Government to supply full information on all the measures taken to apply this Article of the Convention. In particular, please supply copies of the Decree of 5 March 1999 No. 475-XIV, on the Declaration of the Common Principles of the State Policy of Ukraine in relation to Family and Women and the Order of the Cabinet Ministers of 6 May 2001 on the National Plan of Action Aimed at Improving the Situation of Women and Promoting Gender Equality in Society for 2001-05.

4. The Committee notes that article 24 of the Constitution provides for conditions to be created for women to combine work with motherhood. In addition to the information requested above, please provide information on the measures taken to facilitate the reconciliation of work and family responsibilities in the case of men in view of the requirement for the Convention to apply to both men and women workers.

5. Article 4(b). The Committee notes that section 34 of the Local Self-Governing Act provides for benefits and social protection measures that would appear to cover workers with family responsibilities, even if they are not directly the targets of such measures. Please also provide information on the manner in which this Act assists workers with family responsibilities, in practice, and indicate any additional financial benefits available to workers with family responsibilities.

6. Article 5. The Committee notes with concern the data on the deteriorating situation of community child-care and family services and facilities, especially in rural areas. It draws attention to the negative impact that the decrease in such services can have on the employment situation of workers with family responsibilities, and in particular on women with family responsibilities. The Committee therefore asks the Government to provide information on the measures taken to try to improve the level of services, such as childcare and family services, in order to assist these workers and also requests it to provide data to enable the Committee to assess the progress achieved in this regard.

7. Article 6. The Committee encourages the Government to elaborate programmes of education and information for the public, workers and employers on the importance of reconciling work and family as well as on the principle of equality of opportunity and treatment in working life, both between workers with family responsibilities and those without such responsibilities, and between men and women workers with family responsibilities. Please report on any such measures undertaken and their impact in promoting the application of the Convention.

8. Article 7. Further to its comments above, please provide specific information on the measures undertaken in practice to target workers with family responsibilities to enable them to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

9. Article 8. The Committee would be grateful if the Government would indicate the legislative and other provisions ensuring the application of this Article. Please also indicate in particular any relevant decision of an ordinary court of law or an administrative or other tribunal involving questions concerning termination of employment for reasons related to family responsibilities.

10. Article 11. The Committee would appreciate receiving information on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.