Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

Case No 2018 (Ukraine) - Complaint date: 23-FEB-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 85. The Committee last examined this case, which concerned among other things allegations of violation of the right to strike and judicial proceedings against the president of a union, at its November 2000 meeting [see 323rd Report, paras. 93-96]. On this occasion, it had requested the Government to provide as soon as possible the amendments to the Transport Act, and to ensure that the criminal proceedings against the president of the complainant organization be carried out with diligence.
2. 86. In its communication of 22 March 2001, the Government indicates that section 18 of the Transport Act provides that strikes in that sector can take place if the management of the enterprise does not apply the tariff agreements, except in cases of passenger transport, of supplies for factories which operate non-stop or when a strike represents a danger for the life and safety of the population. The Government adds that the Ministry of Transport is currently drafting amendments to the Transport Act, including provisions on strikes in that sector, and that it will send additional information once the Supreme Council has made a decision.
3. 87. In a communication dated 20 April 2001, the Independent Trade Union of Workers of the Iyichevsk Maritime Commercial Port (NPRP) declares that the Government has still not complied with the Committee’s recommendations and provides numerous examples of recent violations of trade union rights in the country.
4. 88. The Committee takes note of this information. It recalls to the Government that neither passenger transport, nor the transport of supplies for factories which operate non-stop constitute essential services in the strict sense of the term where strikes can be totally prohibited; however, these services can be considered of primary importance where the requirement of a minimum service in the event of a strike can be justified. The determination of minimum services and the minimum number of workers providing them should involve not only the public authorities, but also the relevant employers' and workers’ organizations [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 560-566]. The Committee trusts that the Government will fully take account of these principles in the draft amendments of the Transport Act and ask to be kept informed in this regard. The Committee also requests the Government to send its observations concerning the allegations contained in the complainant’s most recent communication.