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Employment Policy Convention, 1964 (No. 122) - Ukraine (Ratification: 1968)

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Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), as well as the observations of the Federation of Trade Unions of Ukraine (FPU), received on 6 October 2022, concerning the application of the Convention.
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Articles 1 and 2 of the Convention. Implementation of an active employment policy. In its previous comments, the Committee requested the Government to provide information on how measures taken in the framework of the Government’s action plan have translated into the creation of productive and lasting employment opportunities, and the impact of such measures taken to increase the participation of specific groups in the labour market, including women, young people, older workers and persons with disabilities. The Government reports that the employment rate in 2017 stood at 56.1 per cent, while the unemployment rate was 9.5 per cent. It indicates that, in light of these figures, the employment situation in Ukraine remains complicated, but there are signs of gradual stabilization. The Government states that 2017 saw a drop in the unemployment rate in ten provinces. In addition, the number of self-employed persons rose by 0.3 per cent and the number of persons in informal employment dropped by 299,100 persons. The Committee notes that, in order to assist jobseekers to find jobs more quickly and to meet employers’ recruitment needs, the State Employment Service (SES) introduced new methods of working with clients, which have led to better outcomes in its main areas of work, including improved use of information technology. The Committee notes that the Cabinet of Ministers, through its Directive No. 275-r of 3 April 2017, approved a medium-term Plan of Priority Actions through 2020, whose objectives envisage a system to support a highly-skilled workforce. The SES is undergoing reforms to transform it into a client-oriented agency providing a wide range of services, including training that meets the needs of the economy, and new forms of vocational training for the registered unemployed. The Government indicates that Cabinet of Ministers Directive No. 418-r of 27 May 2017 reoriented the SES toward employment promotion, adding that there has been a shift in focus from paying unemployment benefits to getting unemployed persons back into the work force as rapidly as possible. The Government reports that, in 2017, the SES helped 783,000 persons to secure jobs, including: 350,000 women; 297,000 young people under the age of 35, 13,000 persons with disabilities and 92,000 older workers (those with ten or fewer years until retirement). The Government adds that of those who found work in 2017, 45 per cent found a job before they had been officially registered as unemployed.The Committee requests the Government to continue to provide detailed, updated information, including statistical data disaggregated by sex, age and region, regarding the employment situation in the country. It further requests the Government to provide updated information concerning the activities of the SES, including with respect to the manner in which its placement activities have led to lasting employment opportunities. It also requests the Government to provide information on the manner in which those persons who found a job prior to registering with the SES as unemployed were placed in employment, whether this was through the SES or other channels. The Committee reiterates its request that the Government provide copies of legislation and regulations adopted or envisaged relevant to active labour market measures, including with respect to the nature and extent of State Employment Service Reforms. The Government is also requested to provide information on the impact of measures taken or envisaged to increase the participation of specific groups, including women, older workers, young persons, persons with disabilities, and the long-term unemployed.
Coordination of education and training programmes with employment policy. The Committee observes that the Government’s priority action plan emphasizes the need to modernize vocational guidance and training to increase the skills of the labour force and meet employers’ needs, as well as to anticipate future labour market needs. In this respect, the Government reports that work began in 2017 to develop occupational standards to improve qualifications and enhance educational standards, bring training into line with employers’ needs and validate informal education. The Committee also notes the information provided by the Government regarding measures taken to enhance the system of vocational training, retraining and skills development for unemployed persons to increase their employability. In addition, amendments were introduced in September 2017 to the Conceptual Framework of the State Vocational Guidance System to improve training for young persons. The Committee further notes the amendments to the Employment Act and the Arrangement for the Distribution of Vouchers to Support Employability, which expanded the categories of persons entitled to receive training vouchers.The Committee requests the Government to provide information concerning initiatives taken in collaboration with the social partners to facilitate skills training and increase employability, as well as information on the impact of such initiatives in assisting unemployed persons to enter and remain in the labour market. The Committee further requests the Government to supply information on the manner in which forecasting of labour market needs is carried out on a regular basis and the measures taken to improve the coordination of anticipated labour market needs with education and skills development with the aim of avoiding skills mismatches. It also reiterates its request that the Government provide a copy of the legislation on “Professional Education” once it is adopted.
Youth employment. In its previous comments, the Committee requested the Government to provide information about the impact and sustainability of the measures taken to tackle youth unemployment and promote the long-term integration of young persons in the labour market. The Committee also requested the Government to provide information regarding the measures taken or envisaged to prevent the use of discriminatory restrictions in job vacancy announcements, including restrictions on the basis of age. With respect to the employment situation of young persons, the Government reports that a total of 431,000 young persons were registered as unemployed in 2017 – 87,000 less than in 2016. It adds that, in 2018, this number fell to 122,000. The Government further reports that the SES placed 297,000 young persons in employment in 2017, noting that half of them were placed in employment before being officially registered as unemployed. Moreover, vocational guidance services were provided to 410,000 unemployed young persons, as well as to over one million persons studying at various institutions. The Committee notes the Government’s indication that, to match the skills of jobseekers as closely as possible to the needs of employers, and at the request of employers, the SES organized vocational training for 53,000 people under the age of 35. In this way, 297,000 young people were helped by the SES to find a job and 61,000 young people started to work in community or in temporary works. However, the Committee notes that the Government does not provide any information about any possible measures taken or envisaged concerning discriminatory restrictions in job vacancy announcements.The Committee requests the Government to continue to provide detailed information, including statistical data disaggregated by sex and age, concerning the employment situation of young persons in Ukraine. The Committee reiterates its request that the Government provide detailed information on measures taken to prevent and prohibit the use of discriminatory restrictions, including age restrictions, in job vacancy announcements, as well as on the manner in which such measures are implemented.
ILO technical assistance. The Committee notes the technical assistance provided by the Office with regard to the formulation of legislation on employment promotion as well as to the introduction of new definitions of jobseeker and unemployed in Ukraine’s labour law.The Committee requests the Government to provide information on progress made in this regard, and to communicate a copy of the legislation when adopted.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In its previous comments, the Committee requested the Government to provide information on how measures taken in the framework of the Government’s action plan have translated into the creation of productive and lasting employment opportunities, and the impact of such measures taken to increase the participation of specific groups in the labour market, including women, young people, older workers and persons with disabilities. The Government reports that the employment rate in 2017 stood at 56.1 per cent, while the unemployment rate was 9.5 per cent. It indicates that, in light of these figures, the employment situation in Ukraine remains complicated, but there are signs of gradual stabilization. The Government states that 2017 saw a drop in the unemployment rate in ten provinces. In addition, the number of self-employed persons rose by 0.3 per cent and the number of persons in informal employment dropped by 299,100 persons. The Committee notes that, in order to assist jobseekers to find jobs more quickly and to meet employers’ recruitment needs, the State Employment Service (SES) introduced new methods of working with clients, which have led to better outcomes in its main areas of work, including improved use of information technology. The Committee notes that the Cabinet of Ministers, through its Directive No. 275-r of 3 April 2017, approved a medium-term Plan of Priority Actions through 2020, whose objectives envisage a system to support a highly-skilled workforce. The SES is undergoing reforms to transform it into a client-oriented agency providing a wide range of services, including training that meets the needs of the economy, and new forms of vocational training for the registered unemployed. The Government indicates that Cabinet of Ministers Directive No. 418-r of 27 May 2017 reoriented the SES toward employment promotion, adding that there has been a shift in focus from paying unemployment benefits to getting unemployed persons back into the work force as rapidly as possible. The Government reports that, in 2017, the SES helped 783,000 persons to secure jobs, including: 350,000 women; 297,000 young people under the age of 35, 13,000 persons with disabilities and 92,000 older workers (those with ten or fewer years until retirement). The Government adds that of those who found work in 2017, 45 per cent found a job before they had been officially registered as unemployed. The Committee requests the Government to continue to provide detailed, updated information, including statistical data disaggregated by sex, age and region, regarding the employment situation in the country. It further requests the Government to provide updated information concerning the activities of the SES, including with respect to the manner in which its placement activities have led to lasting employment opportunities. It also requests the Government to provide information on the manner in which those persons who found a job prior to registering with the SES as unemployed were placed in employment, whether this was through the SES or other channels. The Committee reiterates its request that the Government provide copies of legislation and regulations adopted or envisaged relevant to active labour market measures, including with respect to the nature and extent of State Employment Service Reforms. The Government is also requested to provide information on the impact of measures taken or envisaged to increase the participation of specific groups, including women, older workers, young persons, persons with disabilities, and the long-term unemployed.
Coordination of education and training programmes with employment policy. The Committee observes that the Government’s priority action plan emphasizes the need to modernize vocational guidance and training to increase the skills of the labour force and meet employers’ needs, as well as to anticipate future labour market needs. In this respect, the Government reports that work began in 2017 to develop occupational standards to improve qualifications and enhance educational standards, bring training into line with employers’ needs and validate informal education. The Committee also notes the information provided by the Government regarding measures taken to enhance the system of vocational training, retraining and skills development for unemployed persons to increase their employability. In addition, amendments were introduced in September 2017 to the Conceptual Framework of the State Vocational Guidance System to improve training for young persons. The Committee further notes the amendments to the Employment Act and the Arrangement for the Distribution of Vouchers to Support Employability, which expanded the categories of persons entitled to receive training vouchers. The Committee requests the Government to provide information concerning initiatives taken in collaboration with the social partners to facilitate skills training and increase employability, as well as information on the impact of such initiatives in assisting unemployed persons to enter and remain in the labour market. The Committee further requests the Government to supply information on the manner in which forecasting of labour market needs is carried out on a regular basis and the measures taken to improve the coordination of anticipated labour market needs with education and skills development with the aim of avoiding skills mismatches. It also reiterates its request that the Government provide a copy of the legislation on “Professional Education” once it is adopted.
Youth employment. In its previous comments, the Committee requested the Government to provide information about the impact and sustainability of the measures taken to tackle youth unemployment and promote the long-term integration of young persons in the labour market. The Committee also requested the Government to provide information regarding the measures taken or envisaged to prevent the use of discriminatory restrictions in job vacancy announcements, including restrictions on the basis of age. With respect to the employment situation of young persons, the Government reports that a total of 431,000 young persons were registered as unemployed in 2017 – 87,000 less than in 2016. It adds that, in 2018, this number fell to 122,000. The Government further reports that the SES placed 297,000 young persons in employment in 2017, noting that half of them were placed in employment before being officially registered as unemployed. Moreover, vocational guidance services were provided to 410,000 unemployed young persons, as well as to over one million persons studying at various institutions. The Committee notes the Government’s indication that, to match the skills of jobseekers as closely as possible to the needs of employers, and at the request of employers, the SES organized vocational training for 53,000 people under the age of 35. In this way, 297,000 young people were helped by the SES to find a job and 61,000 young people started to work in community or in temporary works. However, the Committee notes that the Government does not provide any information about any possible measures taken or envisaged concerning discriminatory restrictions in job vacancy announcements. The Committee requests the Government to continue to provide detailed information, including statistical data disaggregated by sex and age, concerning the employment situation of young persons in Ukraine. The Committee reiterates its request that the Government provide detailed information on measures taken to prevent and prohibit the use of discriminatory restrictions, including age restrictions, in job vacancy announcements, as well as on the manner in which such measures are implemented.
ILO technical assistance. The Committee notes the technical assistance provided by the Office with regard to the formulation of legislation on employment promotion as well as to the introduction of new definitions of jobseeker and unemployed in Ukraine’s labour law. The Committee requests the Government to provide information on progress made in this regard, and to communicate a copy of the legislation when adopted.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Government indicates in its report that, due to the acute political and socio-economic situation in the country, labour market indicators deteriorated significantly in 2014–15. According to information available from the Ukraine State Statistics Service, GDP declined by 6.8 per cent in 2014 and by 17.2 per cent in the first quarter of 2015. As a result, the unemployment rate rose from 7.6 per cent in the first quarter of 2014 to 9.6 per cent one year later, representing an increase of 22.3 per cent compared to 2013. It is estimated that 2 million jobs have been lost since the start of the crisis. The Committee observes that, in 2014, the average number of unemployed among the working age population was 1.8 million, and the unemployment rate among youth between 15–25 years of age remained twice as high as the national average unemployment rate for adults. The Government indicates that there were 443,900 registered unemployed people at the end of June 2015, whereas there were only 43,600 job vacancies posted by employers at the State Employment Service (SES) during the same time period. The Committee notes that demographic challenges faced by the country include a rapidly aging population, migration and internal displacement of the population. Rising unemployment rates throughout the country poses additional constraints on internally displaced persons seeking work in other regions. The Committee also notes that occupational segregation by gender remains strong and that the demand for highly-qualified workers remains low. Against this background, current policies and action plans on employment approved by the President and the Cabinet of Ministers aim to promote productive labour and full and freely chosen employment. The 2016 Government’s action plan seeks to anticipate labour market demands, address skill gaps for longer-term labour market inclusion and modernize vocational education and training services. The Committee notes that the Government has initiated a reform of the SES in order to transform it into a Public Employment Agency with the objective of streamlining some functions, improving labour market information and expanding its services to all jobseekers (not only the unemployed). The corresponding draft legislation has been the subject of tripartite consultation but has not yet been adopted. The Committee notes with interest the fourth Decent Work Country Programme of Ukraine (2016–19), which continues the cooperation between the ILO and Ukraine to promote decent work as a key to national development. The Committee requests the Government to provide information on how the measures adopted in the Government’s action plan have translated into the generation of productive and lasting employment opportunities for the unemployed and categories of vulnerable workers. Please also include information on the impact of the measures taken to increase the participation of women, young people, older workers and persons with disabilities in the labour market. The Government is also requested to provide a copy of the law in connection with the SES reform when adopted.
Coordination of education and training programmes with employment policy. The Committee notes the detailed information on the vocational training programmes provided by the SES. In 2014, vocational guidance services were provided to approximately 3.6 million people, including 1 million people under 35 years of age, of whom 636,700 were unemployed. In addition, 1.2 million people studying in educational institutions of various types received vocational guidance services. The Committee also observes that in 2014, some 202,200 people registered as unemployed underwent vocational training, and the level of employment after training was 92.1 per cent. The Committee notes that the 2016 Government’s action plan highlights the need to modernize professional (vocational) education in accordance with the real needs of the economy, regional labour markets and the demands of society. The plan also indicates that a draft law on “Professional Education” has been recently elaborated. The Committee requests the Government to provide information on the impact of specific measures taken in connection with the 2016 Government’s action plan to improve the coordination of education and training programmes with employment policies. Please also provide information on other initiatives undertaken in collaboration with the social partners in promoting the return of unemployed persons to productive employment. The Government is also requested to provide a copy of the law on “Professional Education” when adopted.
Youth employment. The Government reports that in 2014, the number of people under 35 years of age who had the status of unemployed reached 669,100, that is, almost half of the total number of unemployed in all age groups. During 2014, and in line with the SES’s objective, 343,800 young people found employment, of whom 211,400 had been unemployed. In addition, in 2014, almost 10,000 young people set up businesses with the help of a one-off unemployment benefit provided by the State Employment Service to support entrepreneurial initiatives among the unemployed. The Committee observes, however, that as indicated in the 2016 Government’s action plan, the level of practical skills of young professionals, the level of youth employment in the chosen profession and the pace of development of entrepreneurship among young people leave much to be desired. Less than 40 per cent of higher education graduates find jobs in the field of knowledge that they have been taught. Encouraging young people to obtain professions and specialties within sectors of anticipated demand is therefore a priority in the 2016 action plan of the Government. In connection to an observation made by the Confederation of Free Trade Unions of Ukraine (KWPV) in 2012 that young persons and older jobseekers have difficulties in obtaining employment as some job advertisements include an age requirement, the Government indicates that job vacancy announcements are prohibited from putting age restrictions. The Committee requests the Government to provide information on the impact and sustainability of the measures taken to tackle youth unemployment and to promote the long-term integration of young persons in the labour market. Please also provide information on the measures taken or contemplated to prevent discriminatory restrictions, including age-related restrictions, in job vacancy announcements.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Implementation of an active employment policy. Measures taken in response to the crisis in collaboration with the social partners. The Committee notes the Government’s report received in September 2012 and the observations submitted by the Confederation of Free Trade Unions of Ukraine (KVPU). The Government indicates that during the implementation period of the Basic Lines of the State Employment Policy 2010–11, positive changes have been observed in the labour market in terms of employment and increased economic activity. It reports that the fall in unemployment has been facilitated by the implementation of active employment assistance programmes by the State Employment Service. At the beginning of 2009, there were almost 880,000 unemployed citizens registered with the State Employment Service and this number fell to 500,000 at the beginning of 2012; 763,000 unemployed persons were placed in jobs by the State Employment Service in 2011. The Committee understands that Ukraine had a strong economic recovery following the deep recession resulting from the 2008–09 global crisis. However, economic recovery appears to be slow in 2012. Measures have been taken to create a conducive business environment by simplifying the tax and customs codes. The Government also reports that the Act on the Employment of the Population, adopted in July 2012, includes mechanisms providing for the reduction of social contributions paid by employers when creating new jobs for older workers and other vulnerable categories of workers; free consultations on setting up and running a business; internship programmes offered to students and recent graduates; and education and training programmes. The Committee notes that the Act regulates the operations of commercial entities providing intermediary job placement services in Ukraine and abroad in line with the Private Employment Agencies Convention, 1997 (No. 181). The Ministry of Social Policy, in conjunction with the relevant central executive authorities and the social partners, has prepared draft Guidelines for the Implementation of the State Employment Policy up to 2014. The primary objectives are to create new highly paid jobs to increase the employment rate and to make it simpler for young specialists to enter the labour market. The Committee notes with interest the National Tripartite Accord on Employment and Jobs, based on the ILO Global Jobs Pact, concluded in June 2012 between representatives of the Government, and employers’ and workers’ representatives. It also notes with interest the third Decent Work Country Programme of Ukraine for the 2012–15 period which continues the cooperation between the ILO and Ukraine to promote decent work as a key to national development. The Committee invites the Government to provide in its next report information on the effectiveness and sustainability of the measures implemented in the framework of the State Employment Policy up to 2014 and the National Tripartite Accord on Employment and Jobs, in collaboration with the social partners. It also invites the Government to provide information in its next report on how the measures adopted have translated into the generation of productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers.
Coordination of education and training policies with employment policy. The Government reports that it has identified that one of the most important factors in ensuring the provision of productive work and employment is targeted training, retraining and enhancing the qualifications of the workforce. In order to improve and further develop the system of workers’ vocational development, the Act on the vocational development of workers was adopted in January 2012. The Government indicates that there is an observable trend in Ukraine for more vocational training of workers to be carried out as part of an in-house training system. In 2011, the number of workers who enhanced their qualifications at work rose by 3.6 per cent when compared to the previous year. The Committee invites the Government to include an assessment in its next report on the efficiency and relevance of training programmes and other initiatives undertaken in collaboration with the social partners, in promoting the return of unemployed persons to productive employment. In this context, the Committee would appreciate information on the impact of specific mechanisms and measures for improving the quality and labour market relevance of training in lifelong learning perspective, as well as tools for skills analysis and forecasting, especially at the sector level. It further invites the Government to include information on the measures taken to improve coordination of employment and education and training policies with a view to enhancing the employability and competitiveness of the labour force.
Youth employment. The Government indicates that half of all unemployed people who made use of employment services in 2011 were young people under the age of 35. In the first half of 2012, 527,000 people under the age of 35 made use of employment services and, of these, 36 per cent were placed in jobs with assistance from the State Employment Service. The Government reports that the Act on the Employment of the Population provides guarantees of placement in positions specially earmarked for young people looking for their first job. Up to 5 per cent of all positions at enterprises, institutions and organizations are established in this manner. In 2011, 8,000 positions were set aside for young people, and nearly 5,000 young people were placed; 7,700 positions have been designated for young people in 2012. The Committee notes other measures reported by the Government targeting the employment of young people, such as a programme where 3,000 young people were offered unemployment assistance to set up their own businesses in the first half of 2012, and a public works programme which employed 66,700 young people in the first half of 2012. The Committee notes the observations submitted by the KVPU indicating that young and older jobseekers have practically no chance to obtain employment as some job advertisements include an age requirement. The Committee invites the Government to provide in its next report information on the impact and sustainability of the measures taken to tackle youth unemployment and the other measures implemented to promote the long-term integration of young persons in the labour market.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee recalls that in its 2009 observation, it requested the Government to report on the measures implemented as a part of an active policy intended to promote full, productive and freely chosen employment. In the report received in October 2010, the Government indicates that the strategic goal of the state employment policy is the promotion of productive employment. In order to achieve this goal, the Government aims at ensuring the implementation of priorities which include: enhancement of labour market competitiveness; promotion of job creation; reorientation of education and training to match labour market needs; improvement in the employability of the labour force; strengthening productive employment and avoiding undeclared work; and increased social protection for the unemployed. The Government also reports that the draft Decision of the Cabinet of Ministers of Ukraine on the approval of the Basic Lines of the State Employment Policy 2010–11, has been agreed upon with the representatives of workers’ and employers’ organizations. Its priorities include the promotion of entrepreneurship and self-employment and the enhancement of labour market quality and competitiveness. The Committee notes that one of the goals of the Decent Work Country Programme 2008–10 is improving employment policy formulation and promoting equal opportunities in the labour market. The Committee invites the Government to provide in its next report an assessment of the effectiveness and relevance of the measures implemented in the framework of the Basic Lines of the State Employment Policy 2010–11. It further requests the Government to provide information on the impact of the Decent Work Country Programme 2008–10 on improving employment policy formulation and review, and the involvement of the social partners in this process.

Measures taken in response to the global crisis. The Committee notes that the economic crisis resulted in GDP falling by 15 per cent in 2009. The crisis also accentuated the vulnerabilities of the banking sector. Since October 2008, the national currency has lost about 40 per cent of its value against the US dollar. Ukraine’s economy resumed growth in 2010 and provided moderate improvements in external demand. Real GDP grew by 4.9 per cent year-on-year in the first quarter of 2010, and by 6 per cent year-on-year in the second quarter. The International Monetary Fund concluded in July 2010 a standby arrangement for Ukraine in support of the authorities’ economic adjustment and reform programme. The Committee further observes that the number of persons employed decreased from 21 million in 2008 to 20,190,000 in 2009. In light of the financial constraints, the Government decreased expenditures for active labour market measures. There was a sharp increase in registered unemployment between November 2008 and May 2009 and a considerable increase in unemployment benefit expenses. The Committee notes that one of the priorities of the State Employment Policy is to minimize the negative impact of the financial and economic crisis on the labour market. In this context, the Government adopted, among other legislative measures, Law No. 799-VI of 25 December 2008 to amend certain legislative texts in order to minimize the negative impact of the global financial crisis on employment, to strengthen social protection against unemployment and to ensure a dynamic response to the effects of the financial and economic crisis on the labour market. The Committee invites the Government to provide information in its next report on how the measures adopted have succeeded in mitigating the impact of the crisis on the labour market and have been translated into the generation of productive and lasting employment opportunities for the unemployed and other categories of vulnerable workers such as those who were laid off as a result of restructuring in the mining sector.

Coordination of education and training policies with employment policy. The Government indicates in its report that the development of a flexible and employment-oriented system of vocational guidance and training is among the priorities of the State Employment Service. In 2009, 80,800 unemployed persons underwent vocational training on referral of the State Employment Service. Nevertheless, the Committee understands that in 2009 the number of participants in available training programmes, decreased by 36 per cent compared to 2008, when there were 49 per cent fewer people participating in paid social work and 35 per cent fewer jobseekers placed. It further notes that the Ukrainian economy suffers from a severe skills mismatch which hampers business growth, may limit job creation and gives rise to structural unemployment. Many of the unemployed lack the skills that employers require. Excess demand for some skills coexist with excess supply of other skills. The Committee notes that one of the priorities of the Ukrainian employment policy is the reorientation of education and training to match labour market needs. In its 2010 General Survey concerning employment instruments, the Committee reiterated its conviction that broad social dialogue is the best guarantee of the effectiveness of employment policies and human resources development. Increased involvement of the representatives of employers’ and workers’ organizations is not only essential to ensure the successful implementation of the necessary measures, but can also contribute to improving the quality of social dialogue (paragraph 166 of the 2010 General Survey). The Committee therefore invites the Government to provide an assessment in its next report on the efficiency and relevance of training programmes and other initiatives undertaken in collaboration with the social partners, in promoting the return of unemployed persons to productive employment. In this context, the Committee would appreciate information on the impact of specific mechanisms and measures for improving the quality and labour market relevance of training in lifelong learning perspective, as well as tools for skills analysis and forecasting, especially at the sector level. It further invites the Government to include information on the measures taken to improve coordination of employment and education and training policies with a view to enhancing the employability and competitiveness of the labour force.  

Youth employment. The Government indicates that, out of 542,800 registered unemployed persons in 2010, 214,100 were persons less than 35 years of age. It further indicates that one of the objectives of the draft Basic Lines of the State Employment Policy 2010–11 is strengthening youth employment. The Committee observes that it is youth and, above all, school leavers who are massively experiencing unemployment due to the crisis. In its 2010 General Survey concerning employment instruments, the Committee noted that there was a growing problem of unemployment among educated workers, particularly young university graduates who are unable to find secure employment commensurate with their skill level. This is an issue for advanced market economies as well as developing countries. Not only are their skills underutilized but this pattern of casual jobs can prove detrimental to their lifetime career progression (see paragraph 800 of the 2010 General Survey). The Committee invites the Government to provide information on the efforts made to improve the employment situation for young persons and the results achieved in terms of designing targeted programmes and incentives for promotion of sustainable job creation for the youth.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in August 2008 generally referring to the measures taken in 2007 for the implementation of the main directives of the implementation of the state employment policy for the period up to 2009 and the regional programmes for the employment of the population. The priority tasks include: assisting regions facing unfavourable labour situations and promoting employment in mono-functional towns, coalmining regions and rural regions. In 2007, approximately 1.4 million persons were unemployed. According to the Government, the unemployment rate decreased from 6.8 per cent in 2006 to 6.4 per cent in 2007. New jobs were created for more than 1 million persons, two-thirds of which found jobs in the service sector and self-employment. The Committee notes the data supplemented by the ILO Subregional Office indicating that, during the reporting period, employment rates were higher in rural areas than those in urban areas, where the majority of the people live. The Committee notes that underemployment was notable in the agricultural sector where the average wage is less than half of those in the industrial and services sectors, and self-employed owners and contributing family members account for more than one third of the average wage in the industrial and service sectors. It further notes that the employment rate of young people was 36.5 per cent and that the unemployment rate for older workers was 61.8 per cent. The Committee recalls that in its 2007 observation it requested the Government to provide a report including information that will enable the Committee to examine the extent to which economic growth translates into improved labour market outcomes and poverty reduction. The Committee asks the Government to provide a report indicating the measures implemented as part of an active policy intended to promote full, productive and freely chosen employment (Article 1(1).

The Committee recalls the other points raised in its 2007 observation, for which it again requests the Government to reply in detail on the following matters:

–           training programmes and initiatives taken to promote the return of unemployed persons to employment;

–           measures taken to coordinate education and training policies and prospective employment opportunities;

–           measures taken to collect information on the labour market and on how the data was used in deciding on, and reviewing, employment policy measures;

–           measures taken to ensure lasting employment to assist miners who were laid off as a result of the closure of mines;

–           measures taken in the field of employment in favour of persons and regions affected by the accident in the nuclear plant of Chernobyl; and

–           measures taken to consult the representatives of the social partners, including those working in the rural sector and the informal economy, in the formulation and implementation of the employment policy.

The Committee notes that the preparation of a detailed report, including the indications requested in this observation, will certainly provide the Government and the social partners with an opportunity to evaluate the achievement of the objectives of full and productive employment under the Convention. In this regard, the Government might wish to request technical assistance from the relevant units of the ILO to address gaps in the implementation of an active employment policy in the sense of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee takes note of the information contained in the Government’s report received in October 2006 indicating the main objectives of the Government’s employment policy which provides, inter alia, for the creation of 1 million jobs per year, primarily in the field of innovative and high-technology production, in rural areas, in the service sector and tourism, as well as in towns which rely on one single economic activity. In 2005, the level of employment of the population aged between 15 to 70 years increased, from 56.7 per cent in the previous year to 57.7 per cent, while the level of unemployment decreased, from 8.6 per cent to 7.2 per cent for the same period. The Committee notes that the Government attributes an improvement in the situation of the labour market to its implementation of measures to promote employment and to positive developments in the economy of Ukraine. It is hoped that the information contained in the next report will enable the Committee to examine the extent to which economic growth translates into improved labour market outcomes and poverty reduction. In this regard, the Committee would be grateful to receive information on the results achieved by the measures implemented as part of an active policy intended to promote full, productive and freely chosen employment (Article 1, paragraph 1, of the Convention). Please also indicate the manner in which employment objectives are taken into account in the adoption and review of measures under monetary, budgetary and taxation policies, and price, income and wage policies.

2. Employment market measures. The Government reports that, in 2005, 2.98 million persons, who were not occupied in labour activity, made use of the services of the State Employment Service. The number of persons obtaining employment with the assistance of the State Employment Service amounted to 1,049,800 persons which exceeded, by 6.7 percent, the number of persons who were placed in employment in the previous year. In 2005, 193,300 unemployed persons underwent training, on referral of the State Employment Service, which included 8,700 young workers, representing a 4.8 per cent increase from previous years. The Committee asks the Government to provide information on the results achieved by these training programmes and initiatives in promoting the return of unemployed persons to employment.

3. Education and vocational training. The Committee also takes note that the draft Law of Ukraine on Professional Development of Personnel at Work was elaborated and submitted to the Supreme Rada for its consideration. The Committee further notes that the Concept, and its corresponding Implementation Plan, for the development of the system of skills development of the employees for the period until 2010, was approved by the Cabinet of Ministers. The Committee similarly notes that an Interdepartmental Advisory Committee on Vocational Training of Personnel at Work was established under the auspices of the Ministry of Labour and Social Policy. The Committee would appreciate receiving information on the impact such measures have had on improving coordination between education and training policies, and prospective employment opportunities.

4. Collection and use of employment data. The Committee also takes note that, during 2005, new jobs were created for more than 1.1 million persons and that, of these new jobs, more than 64 per cent were created in the sphere of business activity and self-employment. The Government reports that the level of forced partial employment is decreasing and that the number of persons who work on a part-time basis decreased by 15.5 per cent from the previous year and that the number of employees on leave as a consequence of a managerial decision decreased by 9.4 per cent. The Committee appreciates the Government’s efforts to provide statistics on the situation and trends on employment, and invites the Government to provide information on the manner in which the data have been used in deciding on, and reviewing, employment policy measures.

5. Special measures taken in respect of miners who were laid off as a result of the closure of mines. In reply to previous comments, the Government reports that, during the period beginning from 1997, 63,500 miners applied to the State Employment Service for assistance in finding jobs. Of these, 22,300 persons were covered at the employment centres by proactive forms of employment, including 14,400 persons who were placed in vacant or newly created jobs, 2,000 who were assigned to vocational training and retraining and 5,900 who participated in public works. The Committee requests the Government to continue to provide in its next report information on the measures taken, and the results of such measures, in facilitating the return of former miners to productive employment.

6. Special measures taken in respect of persons affected by the closure of the Chernobyl nuclear plant. As requested in previous comments, the Committee notes the information provided by the Government on the activities offered by the State Employment Service in assisting unemployed inhabitants of the town of Slavutich and former employees of the Chernobyl nuclear plant, including through job placement, vocational training and public works. The Committee would appreciate the Government continuing to provide information in its next report on the outcome of initiatives aimed at assisting persons affected by the closure of the Chernobyl nuclear plant in accessing the labour market.

7. Article 3. Participation of social partners in the formulation and implementation of policies. The Government indicates in its report that, in 2005, it made efforts to improve the legislation in the sphere of employment of the population, to prevent mass unemployment and to strengthen social protection of the registered unemployed persons. The Committee similarly notes that the Ministry of Labour of Social Policy of Ukraine has developed drafts of the laws and regulatory and legal instruments, aimed at the development of entrepreneurship, creation of new jobs and eradication of “shadow” economies and meeting the requirements of the economy for a skilled labour force. The Committee asks the Government to provide further information on the results achieved from the adoption of such legislative instruments. It further requests that the Government indicate how the representatives of the social partners, including those working in the rural sector and the informal economy, are consulted in the formulation and implementation of the employment policy.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee has taken note of the information contained in the Government’s reports received in May 2003 and October 2004. It also notes the comments formulated by the Free Trade Unions of Ukraine (KSPU) dated 9 September 2004 concerning issues related to school closures, as well as the reply of the Government to the said comments.

2. Adoption of an active employment policy within the framework of a coordinated economic and social policy. The Government indicated in its report that, in 2003, the number of employed people between 15 and 70 years of age rose by 154,000 to over 20.5 million people. The unemployment rate was 10.1 per cent of the economically active population, while youth unemployment also represented a serious problem, as it stood at 24 per cent. The Government also indicated that the rate of long-term unemployment had fallen in recent years. In addition, the number of workers on leave without pay at the instigation of the administration of enterprises had significantly dropped compared to previous years, while the number of part-time workers had fallen by 12.7 per cent, resulting in a significant decrease in working time loss. The Government stated that, in order to provide employment for citizens with physical disabilities and other groups of socially disadvantaged people, a national programme for the vocational rehabilitation and employment of persons with physical disabilities for 2001-05 had been established. Furthermore, the Government indicated in its report of October 2004 that vocational training for unemployed people was organized by the state employment service depending on the specialist areas which are in demand in the regional labour market, in order for people to be recruited to specific jobs. To this end, the state employment service provided training to 175,500 people in 2003 and to 108,800 people in the first five months of 2004.

3. The Committee understands that the Government newly elected in 2004 intends to create an annual 1 million jobs from 2006 through 2009, most of them emerging in the sphere of high technology production, in farming, in the social spheres in rural areas, in services and in the tourist industry. To that end, Parliament is to adopt new legislation on job training and retraining of personnel, on the creation of incentives to employers to retrain personnel and on educational and research programmes. In this regard, the Committee recalls that it is essential from the outset for employment objectives to be included as a major goal in the formulation of economic and social policy if these objectives are truly to be an integral part of the policies that are adopted. The Committee encourages governments, in consultation with the social partners, to ensure that the competent authorities responsible for other policy areas are aware of their obligation to consider employment objectives when formulating economic and social policy (paragraph 490 of the General Survey of 2004 on promoting employment). The Committee hopes that the Government’s next report will contain information on labour market policies, with a detailed description of the manner in which the main aspects of general economic policy contribute to employment promotion. In particular, it requests the Government to indicate the manner in which employment objectives are taken into account in the adoption of measures in such fields as monetary, budgetary and taxation policy, and price, income and wage policy. Please also describe the measures adopted or envisaged with regard to job creation in regions where mines are being closed and miners laid off, areas that suffered following the Chernobyl disaster, small towns dependent on a single industry and depressed areas.

4. Employment statistics. The Committee hopes that, in its next report, the Government will provide detailed statistics on the situation and trends of employment and that it will be in a position to specify how these statistics are used in deciding on and reviewing employment policy measures (Article 2 of the Convention).

5. Participation of the social partners in the formulation and application of policies. The Committee recalls that governments and representative organizations of employers and workers share responsibility for ensuring that representatives of the more vulnerable or marginalized sectors of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see General Survey, op. cit., paragraph 493). The Committee trusts that the Government will provide information in its next report on the consultations held on the subjects covered by the Convention with the representatives of employers’ and workers’ organizations, as well as representatives of rural workers and of the informal economy (Article 3).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report for the period to 31 May 2002.

1. Article 1 of the Convention. The Government states that the active population engaged in economic activity increased from 54.9 per cent in 1999 to 56.1 per cent in 2000; unemployment decreased from 11.7 per cent in 2000 to 11.1 per cent in 2001, and the ratio of jobseekers to registered vacancies decreased from 11:1 in May 2001 to 8:1 in June 2002. In addition, involuntary part-time employment and administrative leave decreased. The Committee would appreciate receiving further information on measures taken to promote the use of the state employment service, and any additional measures taken to reduce involuntary part-time and administrative leave, including involuntary extended unpaid maternity leave.

2. The Committee notes the enactment of Law No. 3076-III of 7 March 2002 on the State Programme of Employment of the Population for 2001-04. The Government states that the state programme emphasizes more efficient operation of special economic zones. It also supports establishment of small businesses, encourages employers to create new jobs, and supports enterprise initiatives of the unemployed through providing optional lump sum payment of unemployment benefits. The Committee would appreciate receiving further details on how enterprises are supported, in particular, what technical support and training is provided to micro and small enterprises. Please also provide further information on any other programmes designed to overcome regional disparities in employment.

3. The Committee notes with interest the Government’s efforts to expand skills development through the use of new methods and technologies. It would appreciate receiving further information on the outcome of these changes, such as the percentage of participants who subsequently obtain lasting employment. Please also provide further information on how participants are selected for training. The Committee also notes with interest the formation of the All-Ukraine Rehabilitation Centre for People with Disabilities, in cooperation with the ILO, and looks forward to receiving further information on progress made in promoting employment for people with disabilities. Lastly, the Committee notes the various programmes to promote youth employment, and requests further information on their outcome, as well as information on any programmes aimed at promotion of employment for women and other vulnerable groups, such as older workers.

4. Article 2. The Committee notes that the state programme closely links employment policy and economic policy and would be grateful if the Government would supply more detailed information on how employment policy is coordinated with economic and social policy, and how policies and programmes are kept under review.

5. Article 3. The Committee notes the comments provided by the Federation of Unions of Ukraine (FPU) that were forwarded by the Office to the Government in May 2002. FPU states that the Law on the state programme on employment is ineffective. No new policies have been introduced; administrative leave is still a serious problem; and the number of registered unemployed is projected to rise from 3.68 per cent in 2001 to 4.42 per cent in 2004. Furthermore, there is a substantial gap between the percentage of registered unemployed (3.7 per cent in 2001) and the statistical estimate based on the ILO definition of unemployed (over 11 per cent for the same period). FPU also indicates that there has been no effort to stimulate job creation, and that the number of economically active persons continues to decline. FPU points out that the high proportion of women among the unemployed (63.7 per cent) demonstrates the persistence of gender discrimination in the labour market. Lastly, FPU considers that despite the provisions of the Law, collaboration with the social partners remains poor. The Committee would appreciate receiving further information on any action taken by the Government on the matters raised by FPU. Please also provide detailed information on the manner in which employers’ and workers’ organizations, and representatives of other concerned groups, such as rural and informal sector workers, are consulted in the formulation, implementation and review of employment policies and programmes.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report for the period 31 May 2000, and additional information received in October 2000.

1. Article 1 of the Convention. The Government states that GDP growth and increased industrial production did not result in an increase in employment. However, there was a 19.8 per cent decrease in the loss of working hours and an 18.1 per cent decrease in the number of workers who were on obligatory administrative leave, although 13.2 per cent of those employed remained on leave. Of the remaining employed, 11.4 per cent are employed part-time. For 1998, the participation rate was 62.3 per cent. Employment reached 56.6 per cent in 1999, and unemployment was 11.9 per cent. The number of registered unemployed grew 20 per cent in 1999. Please continue to provide information on the trends in employment, including trends in the use of obligatory administrative leave.

2. The employment policy aims to revive the economy, support producers, enhance the demand for labour in priority sectors, promote private enterprise, improve the system of remuneration and social protection, improve vocational training and education, and prevent mass redundancies. The Committee notes with interest that ten special economic zones have been created and that the Government is working to diversify the economies of towns that are heavily dependent on a single industry. Please continue to supply information on the impact of these programmes on employment promotion, and on the success in expanding the special economic zones to other areas with low employment and high unemployment. Please also continue to supply information on efforts made to support the development of micro-, small- and medium-sized enterprises.

3. The Government states that 9,078,000 young people under 18 years of age were assigned to vocational training by the employment service. In 1999, 8,200 unemployed received training (160 per cent of the 1998 number); and 52,700 women were provided training and account for 58.7 per cent of participants. In general, the number of people receiving training rose 20 per cent in 1999. Training is offered in 230 professions and occupations. The number of participants who subsequently obtained work rose 30 per cent in 1999, and the number of people receiving vocational guidance rose 30 per cent in 1999. Please continue to supply detailed information on the number of participants in the various training programmes, and on the percentage that subsequently obtain employment.

4. The Government states that, for various reasons, 1.7 million unemployed people waited for more than one year to register with the public placement service. However, the placement service has recently improved its services offered to jobseekers, and the number of vacancies registered also increased due to improved interaction with employers. In the first-half of 2000, the number of placements was up 26.1 per cent. The largest ratio of jobseekers to vacancies was low-skilled or unskilled workers, and in two districts, Liobarski and Rakhovski, there are between 500 and 1,000 jobseekers per vacancy. Please continue to supply information on improvements made to the employment placement services, particularly in areas with a very high ratio of jobseekers to vacancies, and on placement rates.

5. Articles 2 and 3. The Committee notes that the social policy, set out in Presidential Decree No. 1166 of 18 October 1997, identifies full employment as a priority goal. The Government reiterates that the Ukrainian Coordination Committee on Employment Promotion and regional coordination committees are tripartite, and address issues related to the elaboration and adoption of employment programmes, progress reports on their implementation, activities of the regions in the realization of employment policy, ways of addressing the problems of hidden unemployment, budget issues, etc. Please provide further details of the outcome of these consultations and how the coordination committees’ views are taken into account in formulating, implementing and evaluating employment policies and programmes. The Committee also notes that the State Statistical Office carries out quarterly selective surveys of the population. Please provide further information on efforts made to improve the collection of data on labour market trends.

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

1. The Committee notes the Government's report for the period ending June 1998 and the new information provided in reply to its previous request. It notes in particular the explanations concerning the gap between the unemployment rate registered by employment services and the rate indicated by labour force surveys. It notes that this latter rate was 8.9 per cent in October 1997, compared with 7.6 per cent a year earlier. It also notes that, according to the information made available by the competent services of the ILO, over one-third of workers are affected by various forms of underemployment and disguised unemployment, such as unpaid leave and reduced working hours. The Committee hopes that the Government will soon be able to compile full and detailed statistical data on the situation and trends of the active population, employment, unemployment and underemployment for the country as a whole and at the regional level, disaggregated by sector, age, sex and skill level.

2. The Committee notes the emphasis placed by the Government on the financial constraints which are limiting the scope of employment creation measures in the regions and in sectors affected by economic restructuring. It would be grateful if it would indicate the respective proportions of expenditure on unemployment benefit and the financing of active labour market policy measures. Please also provide information on the origins and allocation of the resources of the National Fund for the Employment of the Population.

3. The Committee notes that emphasis is placed on the vocational training and retraining of the unemployed. Please continue to provide information on the number of beneficiaries of training measures, as well as any evaluation that is available on their effectiveness. Please indicate whether such measures are also available to persons whose employment is threatened by industrial restructuring. Please describe the measures which have been taken or are envisaged to strengthen the network of employment services and improve their effectiveness.

4. The Committee notes that a programme for the development of small enterprises was adopted in January 1997 and that a programme of support of young entrepreneurs is being formulated. In this respect, the Committee draws the Government's attention to the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). It requests the Government to indicate the results achieved through the implementation of these programmes.

5. In more general terms, the Committee recalls that, under the terms of Article 2 of the Convention, the measures to be adopted to promote full, productive and freely chosen employment shall be decided on and kept under review "within the framework of a coordinated economic and social policy". It once again requests the Government to describe the measures adopted for this purpose in such fields as investment policy, monetary, fiscal and exchange rate policies, trade policy and prices, incomes and wages policies. The Committee notes that the economic stabilization programme appears to have enabled the country to emerge from the recession, correct the balance of trade and make substantial progress in containing inflation and it hopes that the Government will be able to ensure that these favourable developments are also translated into an improvement in the employment situation.

6. Article 3. With reference to its previous request, the Committee notes with interest that, following the General Agreement concluded between the Government and the social partners for the period 1997-98, decisions in the fields of employment and social protection have to be examined by the Tripartite Coordinating Committee for the Promotion of Employment. It notes that issues related to employment policy are also covered by the National Council of the Social Partners. The Committee requests the Government to continue providing information on the consultations held with representatives of employers and workers concerning employment policy, with an indication of the subjects covered, the views expressed and the manner in which they have been taken into account.

7. Part V of the report form. The Committee notes the reference made by the Government in its report to an ILO project for the vocational training of the unemployed. It has also been informed of the employment policy review conducted by the ILO and its discussion in a tripartite conference held in Kiev in October 1998. The Committee requests the Government to indicate the action taken as a result of ILO technical advisory and cooperation activities in the field of employment.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee took note of the Government's report for the period ending June 1996. It observes, however, that the general information supplied by the Government does not provide precise responses to its previous request and does not enable it to assess fully the effect given to the Convention. The Committee again invites the Government to provide, in its next report, complete information in response to each of the questions in the report form approved by the Governing Body and on the following points.

1. The Committee observes that the statistics provided by the Government in its report still do not permit to assess the precise extent of the problems of unemployment and underemployment, together with their underlying trends. The report states that on 1 June 1996 registered unemployment stood at 0.79 per cent, but it does not refer to the labour force surveys which concluded that the unemployment rate was 5.6 per cent in October 1995 and 7.6 per cent in October 1996. The Committee invites the Government to explain, in its next report, the reasons for the significant discrepancy between registered unemployment and that identified by the labour force surveys. It feels that it is necessary to emphasize that as precise knowledge as possible of the employment situation and trends, as well as of unemployment and underemployment, is essential in deciding which measures to take and how to adapt them to the changes occurring. The Committee considers, in particular, that in a situation characterized by the retention in enterprises of a significant number of excess staff on unpaid leave, in technical unemployment or working reduced hours, as well as by an increase in the share of informal activity, it is important to ensure that the active labour market policy measures implemented by the employment services should be accessible to all jobseekers and not only to those formally registered as unemployed.

2. The Government's report refers in general terms to the National Programme for the Employment of the Population 1996-2000; it also refers to the existence of programmes specific to certain regions or certain sectors, but indicates that the implementation of the employment plans and programmes is constrained by the economic and financial situation in the country. With reference to its previous request, the Committee hopes that the Government will indicate, in its next report, the way in which it envisages the structural reform of the labour market in the context of the transition towards a market economy, and that it will provide all the information required in the report form on the way in which the measures taken in the main areas of general economic policy contribute, "within the framework of a coordinated economic and social policy", to the promotion of full, productive and freely chosen employment, in accordance with Articles 1 and 2 of the Convention. In particular, please indicate the measures taken for this purpose with regard to investment policy, budgetary, monetary and exchange rates policy, commercial policy and prices, incomes and wages policy.

3. The Committee also invites the Government to describe the active labour market policy measures which are being implemented. In particular, please provide information on the implementation of the training and retraining programme for the unemployed approved in February 1996. Please indicate whether measures are planned to promote the establishment of small and medium-sized enterprises or to encourage self-employment. Please describe the measures taken in the regions identified by the National Employment Programme as having particularly serious unemployment problems, by specifying the planned job-creation objectives and the results which could be obtained. In addition, the Committee would be grateful if the Government would describe the activities of the employment promotion fund and its method of financing.

4. Article 3. The Committee notes that tripartite committees for coordinating employment promotion have been set up. It would be grateful if the Government would provide information on the terms of reference of these committees and on the manner in which they ensure consultations with the persons affected concerning the formulation and application of employment policy measures. The Committee noted that, in its previous report, the Government referred to the establishment of the National Council of the Social Partners. It requests the Government to indicate whether issues relating to employment policy, as defined in the Convention, are referred to the Council. Finally, the Committee observed in its previous comments that the Law on the Employment of the Population did not recognize the right of employers' organizations to participate in the preparation of employment policy or of legislation in this area, nor the right to regular consultations on employment problems, while the participation of workers' trade unions was guaranteed. The Committee again requests the Government to indicate the measures taken or envisaged to ensure that, in law and in practice, employers' organizations are fully involved in all consultations relating to employment policies on an equal footing with workers' trade unions.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report, which covers a period ending September 1994 and provides, in reply to its previous request, information on trends in employment, underemployment and unemployment and on the labour market policy measures that have been implemented. The Committee would be grateful if the Government would provide further information in its next report in reply to the questions in the report form, taking into account the following remarks.

1. The Committee continues to experience serious difficulties in assessing the level and trends of employment, unemployment and underemployment in the country. The Government states that, although the registered unemployment rate at the end of the period was still lower than 0.4 per cent, an average of 18.9 per cent of employees were on unpaid leave, 4.4 per cent had been laid off temporarily over the past nine months, 5.7 per cent were working part time, and the hidden unemployment rate was estimated at 2.6 per cent of the active population. The Committee deduces that these various forms of involuntary unemployment and underemployment comprise nearly one in three active and employable persons. This does not appear to fulfil the objective of full, productive and freely chosen employment set out in the Convention and in the Act respecting the employment of the population of 1 March 1991.

2. In this context, the Committee notes that the statistical data supplied by the Government concerning the supply and demand for labour, placement and participation in training programmes only cover the unemployed who are registered with the employment services. Although appreciating the efforts made by the Government to improve the quality of the information provided, the Committee is bound to recall that an active employment policy in the sense of the Convention cannot be confined to such narrowly limited labour market measures. With reference in this respect to the analyses and recommendations contained in the ILO report submitted to the tripartite conference "Reforming labour and social policy in Ukraine" (Kiev, September 1994), the Committee requests the Government to provide information on the manner in which it envisages the structural reform of the whole of the labour market rendered necessary by the introduction of market economy mechanisms.

3. The Committee also recalls that under the terms of Article 2 of the Convention the measures to be adopted for attaining employment objectives shall be decided on and kept under review "within the framework of a coordinated economic and social policy". Noting that the reference period has been characterized by the intensified recession of economic activity and hyperinflation which was only significantly reduced as of May 1994, the Committee hopes to find information the Government's next report on the manner in which, in this particularly difficult situation, the measures taken in the various fields of general economic policy have contributed to maintaining the promotion of full, productive and freely chosen employment as "a major goal", in accordance with Article 1 of the Convention. Please describe the measures taken for this purpose in such fields as investment policy; budgetary, monetary and exchange rate policies; trade policy; and prices, incomes and wages policies.

4. In its previous request, the Committee noted that the Act respecting the employment of the population does not recognize the right of employers' organizations to participate in the formulation of employment policy and the relevant legislation, nor in regular consultations on employment problems, whereas the participation of trade unions is guaranteed. Noting the establishment of the National Council of the Social Partners, the Committee trusts that the necessary measures will be taken to ensure that employers' organizations are fully associated, on an equal footing with trade unions, in all consultations relating to employment policies, in accordance with Article 3 of the Convention. It once again requests the Government to describe the practical procedures for the consultation of the representatives of the persons affected, in the sense of this fundamental provision of the Convention.

5. Finally, the Committee would be grateful if the Government would supply information on the effect given, or that it plans to give, to the conclusions emanating from the tripartite conference held in Kiev on the discussion of the report prepared by the ILO team for Central and Eastern Europe. Please indicate in particular, at the appropriate time, the action taken as a result of the technical cooperation projects that are formulated to give effect to the recommendations contained in the above report (point V of the report form).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the Government's report and the appended text of the Act of 1 March 1991 respecting the employment of the population. It notes the figures supplied by the Government but points out that they do not allow the Committee to assess the real labour market situation and the manner in which the adjustments are made. The Committee would be grateful if in its future reports the Government would provide statistical information which is as detailed as possible on the level and trends in employment, underemployment and unemployment, both for the country as a whole and by region, in the various sectors of economic activity and for the various categories of the population such as women, older workers and the disabled. Please provide information on the measures taken or contemplated to collect and analyse relevant statistical data.

2. With reference to its previous direct request, the Committee notes the adoption of the Act respecting the employment of the population. It notes with interest that the fundamental principles of the employment policy, which are set out in the above Act, include the objectives of equal opportunity and the free choice of employment, in accordance with the provisions of Article 1, paragraph 2(c), of the Convention. The Committee also notes that, under the terms of the Act, measures taken in the area of employment must be coordinated with the other objectives of economic and social policy. In this connection, it would be grateful if the Government would state in its next report the way in which the objective of full, productive and freely chosen employment is taken into consideration in determining the pace and nature of measures to be taken for the transition towards a market economy. Please indicate, in particular, how measures in the areas of prices, wages and incomes policies and investment and foreign trade policies are coordinated with employment policy.

3. The Committee notes that section 3 of the Act of 1 March 1991 provides for the cooperation of trade unions and employers' associations in the preparation, implementation and supervision of the enforcement of measures to ensure employment. However, it observes that while section 21 of the Act entitles trade unions to participate in the formulation of employment policy and the relevant legislation, no similar entitlement is expressly established for employers' organizations. Moreover, the participation of employers' organizations in the regular consultations on employment problems is not provided for in the Act. The Committee recalls in this connection that under Article 3 of the Convention representatives of the persons affected, and particularly representatives of employers and workers, must be consulted concerning employment policies "with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies". It would be grateful if in its next report the Government would describe the practical procedures for the consultation of the representatives of all persons affected.

4. The Committee notes the provisions of the Act respecting employment which concern the organization and functions of the public employment service. It notes that in the first nine months of 1992 the employment service was able to find employment for approximately one-third of the persons who applied to it. Please continue to provide information which is as detailed as possible on the number and nature of the cases dealt with by the employment service. For guidance in this area, the Government might find it useful to refer to the relevant ILO standards (Convention No. 88 and Recommendation No. 83) which contain suggestions as to the measures that could be taken to ensure "the best possible organization of the employment market as an integral part of the national programme for the achievement and the maintenance of employment and the development and use of productive resources".

5. The Government indicates that its employment policy aims to strengthen and extend vocational guidance, training and retraining for redundant workers. More generally, the Committee notes that the information supplied by the Government in its report on the application of Convention No. 142 demonstrates that it assigns a central role to education and training in the economic restructuring process. Please continue to provide information on the manner in which human resources development policies and programmes are coordinated with prospective employment opportunities.

6. The Committee notes that the employment programme provides for a set of specific measures to promote self-employment, small enterprises and cooperative enterprises, and to promote the vocational reintegration of former members of the armed forces, redundant miners and workers affected by the Chernobyl disaster. Please provide detailed information on each of these measures and the results obtained in terms of jobs created and the vocational integration of the persons concerned.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the useful information supplied by the Government in reply to its earlier comments. It notes that, in accordance with the Fundamental Principles of the USSR and Republics Legislation on Employment of Population, as well as with the Declaration respecting the State Sovereignty of the Ukraine of 16 July 1990 and with the Act respecting the economic autonomy of the Ukrainian SSR, a Bill on the Employment of Population of the Ukrainian SSR has been drafted. The Government indicates that the purpose of the Bill is to provide, in the context of a pluralistic regulated market economy and the equality of different forms of ownership, for organisational, legal and economic guarantees of the employment of population, as well as the state guarantees of the right to work for all the citizens resident in the territory of the Ukraine, including the right to a free choice of employment. The Committee notes that, for the purposes of the implementation of the employment policy, it is proposed in the Bill to establish a public employment service which will operate under the direction of the Ministry of Labour of the Ukrainian SSR and the executive committees of the local Soviets of People's Deputies. Among the main responsibilities of the employment service, according to the Government, there will be analysis and forecast of manpower supply and demand, supply of information on the labour market, on the number of vacancies and the number of applications for jobs, assistance to workers in finding suitable employment and assistance to employers in finding suitable workers, organisation of the vocational training and retraining, of the vocational guidance, etc. The Government further states that the employment service will take part in the preparation of long-term and continuing republic and regional employment programmes, and that organisationally it will be created on the basis of the placement, retraining and vocational guidance centres already in operation. The Committee has noted that the Bill on the Employment of Population of the Ukrainian SSR was sent, in October 1990, to the International Labour Office for expert examination.

2. The Committee also notes that a State Programme for the Employment and the Amelioration of Utilisation of the Labour Resources of the Ukrainian SSR for 1991-1995 is in the process of being drafted. The Government indicates that this Programme is regarded as one of the basic instruments of the implementation of the state employment policy and will serve as a mechanism of application of the above-mentioned Bill which has been submitted to the Ukrainian SSR Supreme Soviet. According to the Government, the purpose of this Programme is to prevent mass unemployment and to provide the citizens of the Ukraine with social guarantees of employment in the context of the transition to market economy and the formation of a labour market.

3. The Committee takes note of the statistical information illustrating the creation of the new employment opportunities due to development of the co-operation and the individual labour activity.

4. The Committee would be grateful if the Government would supply, in its next report, information on the situation, level and trends of employment, as well as the information on the new orientation of the employment policy, in connection with the elaboration of the State Programme for Employment, and in particular, information on the organisation and operation of the employment system, including the organisation and activities of the employment service. With reference to its previous direct request the Committee also asks the Government to continue to describe placement activities in relation of the occupations, branches and specific categories of jobseekers for which special measures have been taken or are contemplated. It requests the Government to provide information on any progress made in the adoption of the Bill on the Employment of Population and to forward a copy to the Office when adopted.

5. The Committee would also be grateful if the Government would describe in more detail the manner in which representatives of the persons affected by the measures to be taken are consulted concerning employment policies, in accordance with Article 3 of the Convention, with reference to consultations with representatives of employers' and workers' organisations, in connection with the elaboration of the State Programme for Employment during the period of transition to a market economy. Please also indicate whether formal consultative procedures have been established or are going to be established for this purpose under this Programme.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee takes note of the very helpful information and statistical data supplied by the Government in its last report concerning developments in the employment situation in the Ukrainian SSR. It notes the persistent labour shortage due, in particular, to the drop in the birth rate, and the information in reply to its previous direct request concerning the achievements of the TRUD programme, particularly with regard to productivity and labour savings. It also takes note of the measures to rectify the uneven distribution of growth and employment among the regions and zones of the country, proposed by the special commissions set up under the regional executive committees. The Committee would be grateful if, in its future reports, the Government would continue to supply an analysis of the effects of the programmes and measures currently being implemented on the level, structure and quality of employment.

2. The Government indicates in its report that the legislation on co-operation and individual activity opens up new opportunities for employment growth. The Committee asks the Government to provide additional information in its next report on the implementation of these new provisions, stating their effect on the creation of productive jobs.

3. Please continue to describe placement activities, stating the occupations, branches and specific categories of jobseekers for which special measures have been taken or are contemplated. Please provide detailed information on the implementation of the new placement system (provided for by the Order of 22 December 1987) which has been attributed an important role in the achievement of rational full employment.

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