Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 2079 (Ukraine) - Complaint date: 02-FEB-00 - Closed

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

1. 127. The Committee last examined this case at its June 2004 meeting when it urged the Government: (1) to transmit the conclusions of the independent investigation on violations of trade union rights at the "AY-I EC Rovnoenergo" and the "Volynoblenergo" enterprises; and (2) to set up an independent inquiry into the dismissal of Mr. Linnik and, if there was evidence that he had been dismissed for reasons linked to his legitimate trade union activities, to take all necessary measures to reinstate him in an appropriate position without loss of pay or benefits [see 334th Report, paras. 175-178].
2. 128. In its communication of 27 August 2004, the Government indicates that the Main Direction of the Labour and Social Protection of the Population, in conjunction with the territorial branch of the State Labour Inspection in the Rovno Region carried out the inspection in connection with the complaint, lodged by the chairman of the trade union committee of the All-Ukrainian Trade Union "Capital-Regions". The Government indicates that in the current year, the management of the Open-end joint stock company "AIS Rovnoenergo" has been changed and so has its name (now Close-end joint stock company "AIS Rovnoenergo"). At present, there are two trade union organizations operating at this enterprise: a primary trade union organization of the Trade Union of the Workers of Energy Sector and Power Generating Industry - 1,350 members (Chairman of the trade union committee Mr. M.O. Masich) and a primary trade union organization of the All-Ukrainian Trade Union "Capital-Regions" - 33 members. During the inspection, the facts of interference of the management of the "AIS Rovnoenergo" with the activities of the trade union organizations were not established.
3. 129. The Government further indicates that the complaints, lodged by the chairman of the primary trade union organization of the All-Ukrainian Trade Union "Capital-Regions" at the "Volynoblenergo" enterprise with the territorial branch of the State Labour Inspection in the Volyn Region, concerning the harassment of himself and of the members of his trade union, were not corroborated.
4. 130. As concerns the dismissal of Mr. Linnik from the Lutsk Bearing Plant, the Government reiterates that it was carried out without violation of the legislation in force. The Government explains that Mr. Linnik, a press-forging plant operator, was dismissed according to paragraph 1 of article 40 of the Labour Code of Ukraine in connection with the reduction of personnel (staff), related to the restructuring at the plant, which was carried out in 1999. The procedure of the discharge of Mr. Linnik was carried out in compliance with the requirements of the legislation in force. The consent to his dismissal from office was given by the shop and plant committees of the All-Ukrainian Trade Union Association "Solidarity of Workers" (minutes of 1 April 1999, No. 36, and of 2 April 1999, No. 3, accordingly). Mr. Linnik was a member of this trade union. Mr. Linnik was notified in writing about his dismissal two months before his dismissal. The Government further points out that Mr. Linnik did not lodge an appeal against his dismissal from work, either with a labour dispute commission or with the court. Finally, the Government indicates that during the inspection, the facts of harassment of
   • Mr. V.A. Linnik for his trade union activity on the part of the management of the Lutsk Bearing Plant were not corroborated.
5. 131. The Committee takes note of this information.