Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Paid Educational Leave Convention, 1974 (No. 140) - Ukraine (Ratification: 2003)

Articles 2 and 4 of the Convention. Implementation of a policy designed to promote the granting of paid educational leave. The Committee notes the Government’s report received in September 2013, which includes detailed information in reply to its previous direct request. The Government again refers to provisions of the national legislation and indicates that employers are not entitled to refuse to grant an employee paid educational leave. The length of the leave is distinguished by the type of educational institution, the form of study and the course taken by the employee. The Government reports that a total of 4,089 students were enrolled in higher educational institution evening courses and 860,498 students in distance learning courses. Moreover, inspections conducted in order to supervise the compliance of the labour legislation identified ten violations in 2012 concerning the provisions on educational leave and labour inspectors identified five violations relating to education leave in the first half of 2013. The Committee invites the Government to provide updated information on the implementation of a policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention. Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work (Article 4). The Committee also invites the Government to continue to provide information on the manner in which the Convention is applied in practice, including any extracts from reports, studies or inquiries, and available statistics on the number of workers granted paid educational leave (Part V of the report form).

Article 6. Participation of the social partners. The Government indicates that the requirements of Article 6 of the Convention are implemented when adopting regulatory and legal acts as legislation concerning socio-economic and labour rights may not be submitted for consideration by the Cabinet of Ministers of Ukraine or adopted without preliminary social dialogue. The Committee invites the Government to describe the manner in which public authorities, employers’ and workers’ organizations, and institutions providing education and training are associated with the formulation and implementation of the policy for the promotion of paid educational leave.