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

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Ukraine (Ratification: 2015)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations received from the Federation of Trade Unions of Ukraine (FPU) on 18 February 2016, with regard to the application of the Convention, as well as the response of the Government, received on 11 November 2016.

Articles 1 and 2. Well-being and improvement of standards of living. The Committee notes the information contained in the Government’s first report, indicating that the social welfare of Ukraine’s citizens is safeguarded under its Constitution, citing Articles 3, 46 and 48. The Government indicates that it is currently implementing social policy reforms aimed at raising standards of living. In order to gradually reduce poverty and tackle social marginalization, the Government has adopted a national Poverty Reduction Strategy for the period 2016 to 2020, whose main objectives include increasing real incomes, reforming the wage and pension systems and improving access to social welfare, particularly for persons belonging to disadvantaged groups. The Government adds that the minimum wage continues to be progressively increased, reporting that the concept of the minimum wage has been aligned with European practice through the adoption of the Legislative Amendment Act (No. 1774-XIII of 6 December 2016), aimed at protecting workers from poverty by establishing a minimum wage floor. The Government reports that pension reforms are expected to increase pension benefits through modernization and the introduction of automatic indexing. Moreover, housing-related subsidies are provided, which assist families in paying utility bills, given that the cost of utilities continues to increase. The Committee also notes the Government’s indication that it has created a decentralized, one-stop-shop system for evaluating and delivering social services at the community level, adding that it has introduced innovative social services for specific categories of persons, including persons with disabilities, children, elderly persons, and victims of human trafficking and domestic violence.The Committee requests the Government to provide updated detailed information, including statistics disaggregated by sex, age and region, on the impact of the social reforms on the well-being of the population and the improvement of living standards in the country.

Articles 3–4. Planning of economic development and improvement of living standards in rural areas. The Government reports that amendments to the Job Search Incentivization (Unemployed Persons and Job Seekers) Act have been drafted by the Ministry of Social Policy with the support of the State Employment Service. According to the Government, the proposed amendments would encourage employers to create jobs in both rural and urban areas and provide wage subsidies to employers who recruit a person referred by an employment centre who is registered as unemployed, and who has difficulty competing in the labour market, or for small businesses who recruit a registered unemployed person in a newly created job in a priority sector of the economy.The Committee requests the Government to provide updated information regarding the measures taken to create employment in rural and urban areas of the country, including providing a copy of the amended Job Search Incentivization (Unemployed Persons and Job Seekers) Act once it is adopted. The Committee further requests the Government to provide information on measures taken or envisaged to eliminate the causes of chronic indebtedness and create employment and income-generating opportunities by encouraging and assisting producers’ and consumers’ cooperatives, as contemplated by Article 4(e).

Articles 6–9. Migrant workers. Transfer of wages and savings. The Government indicates that the Ministry of Social Policy and the State Employment Service exchange information regarding employment and labour migration with the authorities of other states in order to strengthen the protection of migrant workers. In addition, it has made efforts to raise awareness of national labour legislation among Ukrainian and foreign workers by disseminating information through the website of the Ministry of Social Policy, particularly with regard to recruitment through intermediaries. The Committee notes the adoption of the External Labour Migration Act, which aims to promote legal, regular labour migration and strengthen protection for Ukrainian citizens working abroad, and the Action Plan for the Reintegration of Migrant Workers and Members of their Families (Cabinet of Ministers Order No. 257 of 12 April 2017), adopted to implement the Act. The Government indicates that implementation of the Action Plan will create additional opportunities for Ukrainian citizens working abroad to return home and reintegrate into the national labour market, enabling the country to meet the economy’s labour needs using its own workers.The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the impact of internal labour migration in Ukraine, and on any measures taken or envisaged to ensure that internal labour migrants enjoy protections and advantages not less favourable than those enjoyed by local workers resident in the same region (Article 8(2)). The Government is also requested to provide information on measures taken or envisaged to enable migrant workers to transfer part of their wages and savings to their homes (Article 8(3)). The Committee further requests the Government to provide information on measures adopted or envisaged to take into account any increased costs of living resulting from the change of residence of workers in cases where they and their families move from a low-cost to a higher-cost area.

Article 10. Minimum wage. In its observations, the FPU maintains that the Government does not consult the social partners in fixing the minimum wage. The FPU adds that the minimum wage in Ukraine is significantly lower than appropriate under ILO standards, maintaining that certain factors, such as inflation and currency devaluation, have not been taken into consideration by the Government in fixing the minimum wage. The FPU alleges that the approach applied by the Government in determining social standards and guarantees is causing the spread of poverty among the working population and pensioners. In its response, the Government indicates that a collective labour dispute between the joint Representative Body of Trade Union Associations and the Cabinet of Ministers was addressed and resolved by a Conciliation Commission, which examined issues including: the improvement of social standards; strengthening social protection; the payment of wage arrears and social dialogue in the process of formulating state policy. The Government adds that all parties involved in the dispute have collaborated closely ever since, engaging in social dialogue to address related issues. The social partners have set priorities for implementation of the Decent Work Country Programme for Ukraine 2016–19, which provide for effective social dialogue, stronger social protection and improvement of working conditions. The Committee notes that, on 23 August 2016, the Cabinet of Ministers, the Federation of Employers of Ukraine (FEU) and the FPU entered into a general bargaining agreement regulating social and labour relations in the country for 2016–17. The social policy section of the Agreement aims to increase minimum and average salaries, social protection for employees and enhance labour protections.The Committee notes with interest the measures taken, and requests the Government to provide detailed information on the impact of the general bargaining agreement on wages and working conditions. In addition, the Government is requested to provide information on the measures taken or envisaged to encourage the fixing of minimum wages by collective agreement (Article 10(1)). The Committee also invites the Government to indicate the measures taken to ensure that the employers and workers concerned are informed of the minimum wage rates in force and to ensure that wages are not paid at less than the applicable minimum rates (Article 10(3)).

Article 11(1–8). Wage payment and registration of wages. The Committee notes the FPU’s observations, which maintain that rising inflation is prompting a continuous decrease of real wages and that wage arrears are also increasing. In its response, the Government indicates that it has taken a number of measures to address issues related to salary increases in designated economic sectors and to improve the methods of calculating indexation and harmonization of wages. The Government adds that ad hoc committees have been created to settle existing arrears in wages, pensions, grants and other social benefits.The Committee requests the Government to indicate the measures taken or envisaged to give effect to this Article.

Article 12. Advances on the remuneration of workers.The Committee requests the Government to provide detailed information on legislation, collective agreements or other measures taken to regulate the maximum amounts and manner of repayment of wages advanced to workers as contemplated under this Article of the Convention.

Article 13. Voluntary thrift and protection against usury. The Committee notes that the Government’s report provides no information regarding measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.The Government is requested to provide information on the manner in which effect is given to this Article of the Convention.

Articles 15–16. Education and training.The Government is requested to provide information on the manner in which effect is given to these Articles of the Convention. In particular, please indicate what measures have been taken or are contemplated to promote the progressive development of education, vocational training and apprenticeships with a view to preparing children and young persons of both sexes for a useful occupation (Article 15 (1)).

Part V of the report form.Please provide a general appreciation of the manner in which the Convention is applied in Ukraine, including for example, extracts from official reports, copies of collective agreements or conciliation awards, as well as information on any practical difficulties that may have arisen in relation to the application of the provisions of the Convention.