Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection of Wages Convention, 1949 (No. 95) - Ukraine (Ratification: 1961)

Further to its previous observation, the Committee notes the Government’s reply to the comments made by the Workers’ Union of the Coalmine Nikanor-Novaya concerning the growing payroll debt of the state-owned enterprise. The Government states that as of October 2003, wage arrears at the mine stood at 7.8 million grivnas, that is 2.8 million grivnas more than the amount which had been communicated by the workers’ union. The mine also owes some 5.3 million grivnas for work done by construction enterprises which therefore experience difficulties in paying the wages to their own employees. The Government states that in the period 2002-03, several inspections carried out which revealed an increasing accumulation of wage arrears, unpaid compensation for loss of income resulting from delays in payment and other contraventions of the legislation relating to the payment of wages. The Committee notes with concern that despite the numerous changes in the management of the mine, the administrative sanctions imposed on successive directors for failure to implement the instructions of the state labour inspectorate and the important state subsidies for offsetting production costs, technical refitting and upgrading safety and health, the wage arrears situation is rapidly deteriorating. The Committee asks the Government to closely monitor further developments in the Nikanor-Novaya coalmine and to supply full particulars on any new measures taken with a view to eliminating outstanding wage debts. Moreover, the Committee would appreciate receiving the Government’s comments on the alleged sub-minimum wage rates applied at the enterprise.

In addition, the Committee notes the communication of the Confederation of Free Trade Unions of Ukraine (KSPU), which was received on 12 October 2004 and forwarded to the Government on 20 October 2004 regarding the application of the Convention. The Committee requests the Government to transmit for its next meeting its observations in this regard so that it may examine in detail the points raised in this communication. The Committee will also examine at its next session the Government’s report on the other questions that were raised in its previous observation.