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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ukraine (Ratification: 1956)

The Committee takes note of the information contained in the Government’s reports.

The Committee notes the comments made by the Confederation of Free Trade Unions of Ukraine (KSPU) and by the Federation of Trade Unions of Ukraine (FPU) on the application of the Convention. The Committee requests that the Government transmit its observations thereon.

1. Law on employers’ organizations. The Committee notes the comments made by the Ukrainian Union of Leaseholders and Entrepreneurs (SOPU) on the conformity of the Law on Employers’ Organizations with the Convention.

The Committee recalls that in its previous comments on the Law it requested the Government to indicate whether section X(3) of the Law, which provided that the Confederation of the Employers of Ukraine shall represent the employers at the state level pending the establishment and registration of employers’ organizations and their associations, was still applicable. It notes with interest that this section is no longer in force. It further notes the Government’s indication that four All-Ukrainian employers’ organizations are currently registered.

In its previous comments, the Committee also asked the Government to repeal section 31 of the Law, which provided that the bodies of the state authority shall exercise control over economic activities of employers’ organizations and their associations. The Committee notes the Government’s statement that the draft amendments to the Law are being prepared. The Committee hopes that the Committee’s comments will be taken into account and that organizations of employers will be consulted during the preparation of legislation which affects their interests, and requests the Government to keep it informed of any development in this respect. The Committee further once again asks the Government to indicate the manner in which employers’ organizations are representing employers at national level.

2. Trade union registration. The Committee notes that section 16 of the Trade Unions Act was amended in June 2003. It notes that according to newly amended section 16 of the Act, "a trade union acquires the rights of a legal person from the moment of the approval of its statute" and that a legalizing authority confirms the status of a trade union and no longer has a discretionary power to refuse to legalize a trade union. The Committee notes however that according to section 3 of the Act of Ukraine on the state registration of legal persons and physical persons-entrepreneurs of 15 May 2003, "the associations of citizens (including trade unions), for which special conditions for state registration have been established under the Act, shall obtain the status of legal person only after their state registration, to be conducted in accordance with the order established by the present Act", and, according to section 87 of the Civil Code of 16 January 2003, an organization acquires its rights of legal personality from the moment of its registration. The Committee notes the contradiction between these pieces of legislation and the Trade Unions Act. As concerns the Act of Ukraine on the state registration of legal persons and physical persons-entrepreneurs, the Committee notes the Government’s indication that a draft amendment to section 3 of the Act, which would exclude trade union organizations from the scope of the Act, was prepared and transmitted on 18 November 2003 to the Parliament. The Government does not provide its comments on section 87 of the Civil Code. In view of the apparent contradiction in the legislation, the Committee asks the Government to amend its legislation so as to ensure that it guarantees the right of workers to establish their organizations without previous authorization. The Committee requests the Government to keep it informed of any developments in this respect.

3. Right of workers’ organizations to organize their activities freely. The Committee had previously noted that section 19 of the Act on the procedure for the settlement of collective labour disputes provided that a decision to call a strike had to be supported by a majority of the workers or two-thirds of the delegates of a conference. The Committee notes the Government’s statement that there were no legislative changes in this respect and that three drafts to amend the Act were registered in the Parliament. The Committee once again asks the Government to indicate in its next report the measures taken or envisaged to amend section 19 of the Act so as to ensure that account is taken only of the votes cast and that the required majority and quorum is fixed at a reasonable level.

The Committee further notes the adoption in 2001 of the new Penal Code. It requests the Government to provide information on practical application of article 293 of the Code according to which organized group actions that seriously disturb public order or significantly disrupt operations of public transport, any enterprise, institution or organization and active participation therein are punishable by a fine of up to 50 minimum wages or imprisonment for a term up to six months, and in particular in respect of an industrial action.