Effect given to the recommendations of the committee and the Governing Body - Report No 330, March 2003

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

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

1. 157. The Committee last examined this case at its November 2002 meeting when it requested the Government to clarify the situation of the Volynskaya Province division of the All?Ukraine Trade Union “Capital/Region” as far as its registration with local authorities is concerned. The Committee further requested the Government to set up an independent inquiry into the dismissal of Mr. Linik, 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 wages or benefits. Finally, the Committee requested the Government to continue to keep it informed of the measures effectively taken to bring the Trade Unions Act into full conformity with the provisions of Conventions Nos. 87 and 98 [see 329th Report, paras. 765-778].
2. 158. In its communication dated 18 October 2002, the complainant alleges the illegal lay-offs of 1,150 workers at the Lutsk Bearing Plant. According to the complainant, among the people fired, Ms. Lubov Vaschuk was fired because of her trade union activities and without the consent of the trade union of which she is a member.
3. 159. In its communication of 8 January 2003, the Government, in reply to the above allegation, states that on the instructions of the Ministry of Labour and Social Policy, the Territorial State Labour Inspectorate of Volyn region had examined the complaint and found that those measures were taken due to restructuring of the enterprise and that the conditions of lay-offs were established with the agreement of the trade union committees at the enterprise. The Government adds that in the particular case of Ms. Lubov Vaschuk, the approval of the trade union was obtained.
4. 160. The Committee notes the statements of the Government and the complainant. In light of the fact that the complainant’s allegation of illegal lay-offs does not refer in any way to the question of trade union membership or trade union activities (with the exception of Ms. Vaschuk, one out of the 1,150 workers dismissed and concerning whom the Government and the complainant have provided contradictory statements), the Committee considers that this allegation does not call for further examination.
5. 161. The Committee regrets that no information has been provided by the Government in respect of its previous recommendations. Accordingly, the Committee once again requests the Government to clarify the situation of the Volynskaya Province division of the All-Ukraine Trade Union “Capital/Region” as far as its registration with local authorities is concerned and to set up an independent inquiry into the dismissal of Mr. Linik, and, if there is 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 wages or benefits. The Committee requests the Government to keep it informed in this respect.