Texts of pending comments

Article 1 of the Convention. Applicable legislation. The Committee notes the Government’s indication that the Convention is reflected in the standards set out in the Merchant Shipping Code. The Government states that, according to Article 136 of the Merchant Shipping Code, the bill of lading shall indicate the name of the cargo, its marking, and the number of packages or quantity and/or size (weight, volume), and if necessary, information on the appearance, condition and special properties of the cargo, and that Article 176 provides for the fact that the carrier is liable for any loss, shortage or damage of the cargo they agreed to transport if they are unable to prove that the loss, shortage or damage was out of their control, in particular, if resulted from insufficient or illegible marking of the cargo. However, the Committee notes that these provisions do not foresee the marking of the weight of any package or object of 1,000 kilogrammes (one metric tonne) or more gross weight consigned within its territory for transport by sea or inland waterway. With reference to its 2007 general observation on the application of the Convention, the Committee recalls that it has requested Governments to provide information on how effect is given to the Convention in relation to modern methods of cargo handling, with particular reference to containers. In this regard, the Committee notes that Ukraine is a party to the International Convention for the Safety of Life at Sea (SOLAS), of which Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addresses the issue of the verified gross tonnage of freight containers. The Committee requests the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

The Committee notes that the Government refers to new regulations giving effect to the provisions of the Convention, in particular, the Minimum safety and health requirements for workers performing work at sea ports (No. 33/35655 of 12 January 2021), and the Labour protection rules for the use of cargo cranes, hoisting units and related equipment (No. 244/31696 of 27 February 2018). Observing that the Government has not provided these regulations, the Committee recalls that it had repeatedly requested the Government to provide a copy of the legislative and regulatory texts it has referred to in its successive reports, including the Safety and Health Regulations for Workers at Maritime Fishing Port (No. 12/13279 of 11 January 2007) and Order No. 166-r of the Council of Ministers of 10 March 2017. The Committee urges the Government to supply a copy of the above-mentioned as well as any other legislative and regulatory texts that give effect to the Convention. Having this set of texts at its disposal will enable the Committee to gain a better appreciation of the implementation of the Convention.

Article 17(2) of the Convention and Part V of the report form. Application in practice. In its previous comment, the Committee had noted the Government’s indication that the maritime ports and the ports on the Azov Sea have deteriorated significantly and are at risk of causing accidents and endangering the lives of dockworkers. Mindful of the exceptional circumstances in which the ports on the Azov Sea are operating, the Committee requests the Government to provide up-to-date information on the measures taken or envisaged to improve the safety of the facilities at the ports in question and ensure the protection of dockworkers against accidents. More generally, the Committee requests the Government to provide any up-to-date statistical information on the number and nature of accidents reported in the country’s ports, the number and nature of contraventions of the regulations reported by the inspection, and any information it considers relevant on the implementation of the Convention in practice.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to follow-up on the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to indicate any measures adopted in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Conventions Nos 95 and 173 (protection of wages) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021, on the application of the Conventions. The Committee also notes the response of the Government to the 2020 observations of the KVPU and FPU on the application of Convention No. 95, received in 2020.

Legislative developments. Following its previous comments, the Committee observes an absence of information on the adoption of a new Labour Code but notes that the Government’s reports refer to several draft laws introducing amendments to existing legislation in the field of labour that could have an impact on the application of the wages Conventions. In this respect, the Committee welcomes the Government’s indication that it is preparing legislative amendments to strengthen the protection of workers’ claims concerning the payment of wage arrears in the event of an employer’s insolvency, as well as a draft law introducing protection of workers’ claims with the assistance of a guarantor institution. The Committee also notes that, according to the KVPU, a number of recent legislative initiatives threaten to erode most workers’ rights, including on wage matters. The Committee requests the Government to provide its comments in this respect. The Committee hopes that in the framework of the revision process regarding the existing legislation on wages, its comments will be considered and that the requirements of the wages Conventions will be fully met. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. The Committee requests the Government to continue to provide information on the developments in its labour law reform, including by providing a copy of any amendments to labour legislation regulating wage issues, once adopted.

Article 3 of Convention No. 131. Criteria for determining the level of the minimum wage. In its previous comments, the Committee noted that in their 2019 observations, the ITUC and the KVPU indicated that the minimum wage does not adequately take into account the needs of workers and their families and the cost of living. It also noted that the KVPU added that: (i) the Government has not considered the trade unions’ suggestion to introduce a system of indexation to ensure that the minimum wage would not lose its value due to the rising inflation during the year; and (ii) in setting the minimum wage, the Government does not consider the overall wage level in the country, leading to a significant gap between the minimum wage and the average wage. The Committee notes that the Government indicates in its report that national legislation provides for criteria to determine the minimum wage complying with the Convention, and includes the possibility to review the minimum wage based on inflation. The Committee also notes that the KVPU largely reiterates its previous observations. Similarly, the FPU indicates that: (i) in establishing the minimum subsistence level in the state budget, used to determine costs of living, only budgetary feasibility has been taken into consideration; (ii) the minimum wages should be higher, according to trade union calculations taking into account education, medical care, and housing costs, as well as the family component; and (iii) a number of legislative proposals to change how the minimum subsistence level is calculated may lead to a fall in growth rates or a freezing of the minimum wage. The Committee requests the Government to take the necessary measures to ensure that, so far as possible and appropriate in relation to national practice and conditions, both the needs of workers and their families and economic factors are taken into consideration in determining the level of minimum wage, as provided in Article 3 of the Convention.

Article 4(2). Full consultation with employers’ and workers’ organizations. In its previous comments, the Committee noted that the KVPU indicated that: (i) the negotiations on the determination of the minimum wage were not conducted in accordance with the procedure established by the applicable General Agreement; and (ii) neither the Government nor the Parliament formally heard the position of the trade unions and that consequently the minimum wage resulted from a unilateral decision of the Government. The Committee notes that, in the framework of the joint working commission’s meetings to prepare proposals to establish the minimum wage for 2022, the parties could not reach a consensual proposal to be submitted to the Government for consideration. The Committee further notes that the KVPU reiterates its previous observations. The Committee requests the Government to provide specific and detailed information on the content and outcome of the tripartite consultations held in the framework of the next revision of the minimum wage.

Article 5. Enforcement. The Committee previously noted that the KVPU, in its observations, indicated that proper inspections are not carried out, due to the moratorium on inspections, and due to the lack of an appropriate number of inspectors. In this respect, the Committee notes the Government’s indication that both labour inspectors and specialists from the main departments for labour and social protection of the regional state administrations carry out monitoring of employers’ compliance with minimum wage requirements. The Committee observes that the KVPU reiterates its previous observations concerning the lack of proper inspections and refers to the complicated procedure to authorize them. The Committee requests the Government to take the appropriate measures, such as adequate inspection reinforced by other necessary measures, to ensure the effective application of all provisions relating to minimum wage. It also requests the Government to provide information on the measures taken in this respect. Regarding labour inspection, the Committee refers the Government to its comments adopted in 2021 on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12 of Convention No. 95. Wage arrears situation in the country. For several years, the Committee examined the situation of wage arrears in the country, which is particularly prevalent in state-owned coal-mining enterprises, and it previously noted with concern the increasing amounts of wage arrears in that industry. In this regard, the Committee notes the Government’s indication, in response to the KVPU and the FPU’s 2020 observations, that the wage arrears situation is an urgent issue, and that measures were taken to settle wage arrears in certain coal extraction companies. The Committee also notes with deep concern that, according to the statistics provided by the Government, the amount of wage arrears in the country has still increased between 2020 and 2021. The KVPU also continues to refer to long-standing and systematic failure to settle wage arrears, as well as persistent social unrest among the workforce and multiple protests concerning non-payment of wages. The Committee will examine the application of Article 12 in practice in relation to its three essential elements: (1) efficient control and supervision; (2) appropriate sanctions; and (3) the means to redress the injury caused, including fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368).

Regarding efficient control and supervision, the Committee notes the Government’s indication, in response to the KVPU and FPU’s 2020 observations, that labour inspectors monitored 451 businesses with wage debts between January and September 2020. With reference to its comments adopted under Conventions Nos 81 and 129, the Committee requests the Government to continue to take the necessary measures to ensure efficient control and supervision of the regular payment of wages in the country, and to provide information on the number of workers concerned, the extent of wage arrears, as well as the results of measures taken in this regard.

Regarding the imposition of appropriate sanctions, the Committee notes that the Government reiterates that it is preparing draft amendments to the existing legislation with a view to strengthening the protection of workers’ rights to timely payment of wages. The Committee also notes the KVPU’s indication that some initiatives for legislative amendments may increase the accountability of managers, increase fines threefold, and remove a loophole from current legislation which allows managers to avoid criminal liability if they manage to pay the wages prior to incurring a fine. The Committee requests the Government to pursue its efforts to strengthen the penalties in national legislation, including through the adoption of the abovementioned legislative amendments, to ensure full application of the requirements of the Convention. It also requests the Government to indicate the impact of the measures taken, including the amount of penalties imposed on violators, as well as whether there has been a reduction in the number of workers suffering from arrears in the payment of their wages.

Regarding means to redress the injury, the Committee notes the Government’s indication that schedules have been approved in 452 enterprises for the payment of wage arrears, of which 40 percent have been fully implemented. The Government further indicates that, since the beginning of 2021, as required by labour inspectors, 203 enterprises have paid wage arrears to 30,512 workers. The Government also refers to the work of temporary commissions on payment of wages, which includes the issuing of warnings to heads of enterprises regarding disciplinary punishments. The KVPU nevertheless reiterates that a large number of court rulings on the recovery of unpaid wages are not being implemented and that wage arrears are still increasing. In the view of the KVPU, the situation of wage arrears will worsen, following the entry into force of a Governmental decision, which transfers to coal-mining enterprises the responsibility of the Government to settle wage arrears for state miners. The FPU also refers to increasing levels of poverty, and alleges that the compensation mechanism provided for in the current legislation fails to compensate workers adequately for all losses in the event of wage arrears. The Committee requests the Government to provide its comments in this respect, and to pursue its efforts to remedy the persisting wage arrears situation. In addition, noting the Government’s reference to a coal sector reform, the Committee requests the Government to indicate the impact of such reforms on wage arrears in the coal industry and, in particular, on the possible impact on existing wage arrears of the transfer of Government responsibility for the settlement of wage arrears to the mining companies.

The practice of “envelope wages”. In the absence of a response from the Government on this issue, the Committee once again requests the Government to provide information on the progress made regarding the elimination of the practice of “envelope wages”, according to which workers are forced to agree to the undeclared payment of wages.

Articles 5–8 of Convention No. 173. Workers’ claims protected by a privilege. In previous comments, noting that section 2(4) of the Code of Bankruptcy Procedure excludes state-owned enterprises, the Committee requested the Government to indicate how workers’ claims are protected in the case of state-owned enterprises. In the absence of additional information on this issue, the Committee once again requests the Government to clarify how workers’ claims are protected in the case of state-owned enterprises, given that section 2(4) of the Code of Bankruptcy Procedure excludes state-owned enterprises from its application.

Moreover, the Committee notes that the FPU indicates that the national legislation does not adequately guarantee recovery of wage arrears from bankrupt enterprises, where the debtor’s assets are insufficient after settlement with the charge holder. In addition, the Committee notes the observations of the KVPU indicating that, in practice, the state bodies in the field of labour and the judicial authorities do not provide support for the full protection of workers’ privilege under Article 5 of the Convention. The Committee requests the Government to provide its comments in respect of these observations.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021. The Committee requests the Government to provide its comments on the observations of the FPU.

Articles 1–4 of the Convention. Gender pay gap and its underlying causes, including occupational gender segregation. In its previous comment, the Committee asked the Government to continue its efforts to reduce the gender pay gap and to provide information on any activities undertaken and the results achieved in this respect as well as statistical data on the wages and salary levels of men and women. In its report, the Government indicates that Ukraine joined two leading international initiatives, the Biarritz Partnership for Gender Equality and the Equal Pay International Coalition (EPIC). In this context, the Government approved the plan of action to implement the commitments accepted within the framework of the Biarritz Partnership. According to this plan, the reduction in the gender pay gap shall be achieved by: (1) ensuring that Ukraine meets the relevant criteria for engagement with EPIC; and (2) adopting and implementing a national strategy to reduce the gender pay gap for the period up to 2023 and a draft plan to measure its implementation, that would include specific measures to increase pay transparency. Since Ukraine joined the EPIC, additional efforts have been made towards the adoption of new laws, policies, and measures in line with EPIC’s criterion regarding work–family reconciliation or increase in the representation of women in companies’ boards. In this regard, the Government refers to the adoption of Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts to ensure equal opportunities for mothers and fathers to care for a child. In addition, the Government indicates that it is working on the implementation of the 2013 OECD Council on Gender Equality in Education, Employment and Entrepreneurship and the 2015 Recommendation of the OECD Council on Gender Equality in Public Life.

In its observations, the KVPU stresses that the wage disparity between men and women is primarily caused by high levels of gender segregation in the labour market and hopes that the successive modifications of the legislation and ongoing efforts to remove restrictions on the employment of women in certain sectors or occupations will improve the situation. In this regard, the Committee also notes that high levels of occupational gender segregation (horizontal and vertical) are also pointed out in the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) and the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) (Beijing +25 national report, pages 11–12; and E/C.12/UKR/CO/7, 2 April 2020, paragraph 19).

With regard to the collection of statistical information, the Government indicates that the State statistics service collects and publishes statistics on wages in various sectors of the economy, disaggregated by sex. It underlines that, over the course of 2020 and the first quarter of 2021, the gender pay gap in Ukraine showed a steady downward trend: for 2019, it was 22.8 per cent compared to 20.5 per cent at the end of 2020 and 17.8 per cent for the first semester of 2021. Furthermore, a reduction was recorded across almost all types of economic activity. According to the Government, one of the factors that reduced the gender pay gap in that period was a significant increase in the minimum wage.

Noting the persisting significant gender pay gap in the country and its recent trend downwards, the Committee asks the Government : (i) to intensify its efforts towards reducing the gender pay gap and to provide information on the measures adopted to this end, including as a result of the technical assistance received from the ILO, in the context of EPIC or in the framework of the Biarritz Partnership or otherwise, as well as on the impact of these measures; and (ii) to provide detailed information regarding the planned adoption of a national strategy and a draft plan to reduce the gender pay gap and, if applicable, on their content, implementation and results. Noting the persistence of high levels of occupational gender segregation, the Committee also asks the Government to take steps to address this issue and refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As no information was provided by the Government in this regard, the Committee also asks it to provide detailed statistics on the wages and salary levels of men and women, by sector of economic activity and, if possible, occupational category, as well as any information or survey available on the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous comment, the Committee requested the Government to indicate the measures taken to amend section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) which requires employers “to pay equally for the work of women and men with the same qualification and the same working conditions”, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information of the application of this section in practice. The Committee recalls that there are no provisions in the current Labour Code reflecting the principle of the Convention. With respect to the draft labour code, the Committee notes the Government’s indication that it was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Government also indicates that it is currently developing a draft law on the introduction of amendments to several acts relating to the application of the principle of equal remuneration for work of equal value. In its observations, the KVPU states that the current legislation does not contain a provision that would enshrine the principle of the Convention. While taking note of the development of a draft law, the Committee stresses once again that legal provisions narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination. The legislation should not only provide for equal remuneration for equal, same or similar work, but also address situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee therefore once again requests the Government to take steps without delay to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to take the necessary steps to modify accordingly section 17 of the Law on Ensuring Equal Rights and Opportunities of Women and Men (2005) and seize the opportunity of the labour law reform to include provisions reflecting the principle of the Convention in the future labour code. It asks the Government to continue to provide information on any legislative developments regarding the labour law reform. Noting that the Government did not include such information in its report, the Committee also once again asks the Government to provide details on the application in practice of section 17 of the above law, including on the number of cases brought before the competent authorities and their outcome (compensation granted, sanctions imposed and remedies granted).

Article 3. Objective job evaluation. In its previous comments, the Committee had requested the Government to take specific measures to promote the use of objective job evaluation methods free from gender bias in the public and private sectors, with a view to ensuring the establishment of wages and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee takes note of the Government’s indication that the draft plan of measures to implement the draft national strategy to reduce the gender pay gap provides for the development, adoption, and implementation of a gender-neutral methodology for assessing work. It would introduce new criteria to compare jobs, such as skills, effort, working conditions and responsibility. Furthermore, the Government specifies that, in 2021, the Confederation of Employers of Ukraine developed and published an employers’ guide to gender equality and non-discrimination covering matters related to remuneration. In its observations, the KVPU indicates that measures to promote objective job evaluation on the basis of the work performed are lacking in the legislation and are not implemented in collective agreements. The Committee therefore asks the Government to take steps towards the development, adoption and implementation of a gender-neutral objective job evaluation method, in the context of the adoption of the draft national strategy and plan to reduce the gender pay gap or otherwise. It specifically asks the Government to promote the use of objective job evaluation methods, free from gender bias, in the establishment of wages and salary scales in the private and the public sectors, including when determining remuneration in collective agreements. The Committee once again encourages the Government to seek ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021 and both transmitted to the Government. The Committee requests the Government to provide its comments in this regard.

Articles 2(2)(c) and 4 of the Convention. Collective agreements. Cooperation with employers’ and workers’ organizations. The Committee requested the Government to indicate the measures taken, in cooperation with the social partners, to include explicit provisions on equal remuneration for men and women for work of equal value in collective agreements. In its report, the Government refers to a series of collective agreements, including the General Agreement on the regulation of fundamental principles and standards for the implementation of social and economic policy in employment relationships in Ukraine for 2019-2021, as well several sectoral agreements. These agreements address non-discrimination and equal rights and opportunities for men and women workers. The Committee also notes that the Government reports the approval of Methodological Recommendations, through Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, on provisions to be inserted in collective agreements and contracts to ensure equal rights and opportunities for women and men in employment relationships. The Committee notes however that the Government does not specify whether these recommendations provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value, or whether such explicit clauses are in practice included in the collective agreements in force. In its observations, the KVPU refers to section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) pursuant to which “collective agreements shall include provisions ensuring equal rights and opportunities for women and men” and “must provide addressing inequality where it exists in the wages of women and men, both in different sectors of the economy, and in the same industry”. However, the KVPU does not specify whether in practice, clauses that reflect explicitly the principle of the Convention are included in the agreements. The Committee therefore asks the Government to clarify whether any of the collective agreements in force, including the General Agreement, explicitly provide for equal remuneration for men and women for work of equal value and if the Methodological Recommendations of 2020 provide for the inclusion in collective agreements of an explicit clause referring to the principle of equal remuneration for men and women for work of equal value.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and communicated to the Government. The Committee requests the Government to provide its comments in this respect.

Draft Labour Code. The Committee takes note of the indication by the Government that the draft Labour Code mentioned in the previous comments was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Committee therefore requests the Government to continue to provide information on any legislative development, including the possible adoption a new Labour Code, in relation to the application of the Convention.

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction. Legislation. In its last comment, the Committee noted that the ground of “national extraction”, as protected by Article 1(1)(a) of the Convention, was not explicitly enumerated in the legislation and requested the Government to clarify whether this ground was covered by the terms “or other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)). In its report, the Government indicates that following the amendment of section 21 of the Labour Code (Act No. 785-VIII of 12 November 2015), the definition of discrimination was expended to enumerate several additional prohibited grounds, including “ethnic, social, and foreign extraction”. The Government specifies in its report that the term “national extraction” falls within the scope of the terms “ethnic and foreign extraction” mentioned in article 21 of the Labour Code. In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to examine the possibility to harmonize the explicit list of discrimination grounds in the Labour Code with the lists in the Employment Act (2012) and the Law on Preventing and Combating Discrimination in Ukraine (2012), to ensure that the protection covers at least all the grounds enumerated under article 1(1)(a) of the Convention, including through an explicit reference to “national extraction” (ethnic or foreign extraction). In the meantime, it asks the Government to indicate whether the expression “other characteristics” used in the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)) has ever been used to address discrimination based on national (ethnic or foreign) extraction by the competent authorities.

Discrimination based on sex. Sexual harassment. The Committee requested repeatedly to the Government to clarify whether section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) prohibited, in practice, both quid pro quo and hostile work environment sexual harassment. The Committee also requested the Government to consider expanding the definition of sexual harassment in the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) (section 1) to go beyond relationships of subordination and to cover hostile work environment sexual harassment. Last, it asked the Government to provide information on the practical measures taken to prevent and address all forms of sexual harassment in employment and occupation. On the applicable legislation, the Government refers to the definitions of sexual harassment in section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine (2012) and section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005). However, the Committee notes that the Government does not specify whether these two sections prohibit both quid pro quo and hostile environment sexual harassment, nor whether they go beyond relationships of subordination. On the measures adopted, the Committee recalls that section 17 of the Law of 2005 requires employers to take measures to prevent sexual harassment. The Committee further notes the indications by the Government that it has developed the Methodological Recommendations, approved by Order No. 56 of the Ministry of Social Policy, dated 29 January 2020, requiring that a separate provision be included in collective agreements to combat sexual harassment in the workplace, with a clear definition of what sexual harassment is, as well as the development of a detailed procedure for addressing complaints. The Committee once again asks the Government to specify whether sections 1(7) of the Law on Preventing and Combating Discrimination prohibits, in practice, both quid pro quo and hostile work environment sexual harassment. It also requests once again the Government to clarify whether section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men covers situations of sexual harassment when there is no relation of subordination. The Committee asks the Government to provide information on the implementation of the methodological recommendation to include provisions on sexual harassment in collective agreements and develop a procedure for addressing complaints. The Committee also asks the Government to provide information on any measures taken by employers to prevent sexual harassment and on cases of sexual harassment identified or brought to the attention of the authorities, including their outcome, the sanctions imposed and remedies granted.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. In its last comment, the Committee invited the Government to consider explicitly prohibiting HIV screening for the purpose of exclusion from employment or work process. The Committee notes in this regard the indication by the Government that section 21 of the Labour Code prohibits discrimination based on suspicion or presence of HIV/AIDS and section 25 of the Labour Code prohibits requesting information that is not required to be submitted under the legislation. The Committee however notes that section 24 of the Labour Code requires workers to present a health status document when concluding an employment contract. The Committee therefore asks the Government to specify whether the health status document requested under section 24 of the Labour Code includes information on HIV status. It also requests the Government to provide information on the measures taken or envisaged to prevent and address discrimination based on real or perceived HIV status in practice, such as awareness-raising measures, and information on any cases detected or complaints filed with details on the facts of the cases and their outcome.

Persons with disabilities. The Committee requested the Government to provide information on the measures taken or envisaged to ensure that persons with disabilities do not suffer from direct or indirect discrimination in access to employment or occupation. The Government indicates that pursuant to the Employment Act (2012) and the Act on social protection of persons with a disability (1991), the State Employment Service facilitates the employment of persons with a disability in jobs that are created or adapted for them in enterprises, institutions and organizations, taking into account the recommendations of the Medical and Social Expert Commission (MSEC). The employer cannot refuse to employ a person with a disability, based on this disability, except in cases where, according to the conclusions of the MSEC, their health status would impede the performance of their professional responsibilities or threaten the health and safety of other persons. In 2020, 61,200 workers with disabilities contacted the State Employment Service with 11,700 of them finding employment, and 2,900 unemployed workers with disabilities undertook vocational trainings; from January to June 2021, 7000 persons with disabilities secured employment, which is a 25.2 per cent increase compared to the previous year, and 1400 unemployed workers with disabilities undertook vocational training. Furthermore, the Government indicates that the adoption of Act No. 1213-IX dated 04 February 2021 on the introduction of amendments to several legislative acts to improve the level regulation of remote work, was an effective step towards providing the conditions for the organization of work of workers with disabilities who are unable to work at the employers’ premises. The Committee takes note of this information. It further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern over the high unemployment rate of workers with disabilities (E/C.12/UKR/CO/7, 2 April 2020, paragraph 19). The Committee requests the Government to continue to provide detailed information on the measures adopted to facilitate access to employment to workers with disabilities, including on the impact of the regulation of remote work on the level of unemployment of persons with disabilities, and to ensure their effective protection from discrimination in employment and occupation in practice. It also requests the Government to provide detailed information on any case of discrimination based on disability, detected by or addressed to the competent authorities, with details on their outcome, the sanctions imposed and the remedies granted.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. In its last comment, the Committee noted the potentially broad impact of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees and requested the Government to indicate the measures taken to ensure that any restrictions on the right to hold certain positions are based on the inherent requirements of a particular job, strictly interpreted. The Committee also requested the Government to provide detailed information on the individual determinations made by the Ministry of Justice in applying the law and on any appeals brought before the court. Noting the report of the Government does not provide any information in this regard, the Committee reiterates its request for detailed information on the application in practice of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees.

Article 1(3). Definition of discrimination. Scope. Legislation. The Committee takes note of the KVPU’s general observation according to which section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) does not meet the definition of the Convention. The Committee also observes that neither section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012) nor section 1 of Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) – that both define discrimination – explicitly apply to the fields of employment and occupation. In addition, the Committee notes that section 21 of the Labour Code refers to “discrimination in the field of labour” and section 11(1) of the Employment Act (2012) to “discrimination in employment” without defining specifically these fields. Furthermore, the Committee takes note of the information provided by the Government indicating that several draft laws have been registered with the Parliament relating to the definition of discrimination. Draft law No. 0931, dated 29 August 2019 on the introduction of amendments to several legislative acts of Ukraine (to harmonize legislation on preventing and combatting discrimination with European Union law) that proposes the following: (1) adding the definitions of the following concepts to the legislation: “multiple discrimination”, “victimization”, “discrimination by association”, “reasonable accommodation” and “denial of reasonable accommodation”; (2) granting the Commissioner of the Parliament for Human Rights the authority to issue mandatory instructions on the basis of complaints filed by individuals or groups on matters related to discrimination; and (3) amendments to section 161 of the Criminal Code to replace criminal liability for discrimination with administrative liability under section 18849 of the Code of Administrative Offenses of Ukraine. The Government also refers to draft law No. 5748 on the introduction of amendments to several legislative acts of Ukraine to combat violations of rights in the world of work, dated 12 July 2021, which proposes introducing a definition of the concept of “mobbing”. While taking note of the information provided on these draft legislation, the Committee recalls the provisions of the legislation currently in force do not explicitly specify the stages of employment or occupation covered by the protections against discrimination. It also recalls that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as required under Article 1(3) of the Convention. The Committee therefore asks the Government to clarify whether all aspects of employment and occupation, including access to vocational training, are covered by section 1 of the Law on Preventing and Combating Discrimination in Ukraine (2012), section 1 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005), section 21 of the Labour Code, and section 11(1) of the Employment Act (2005). The Committee also requests the Government to continue to provide information on the legislative developments regarding draft laws Nos. 0931 and 5748, as well as on any other legislative development in relation to discrimination in employment and occupation. In this context and referring to the previous paragraph, the Committee invites the Government to ensure that any definition of discrimination included in the new legislation also covers at least all the grounds enumerated in article 1(1)(a) of the legislation and all stages of employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee requested the Government to provide information on: (1) the measures taken to eliminate gender-based stereotypes with respect to employment and occupation; (2) the implementation of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021; (3) the proactive measures taken to address the underlying causes of discrimination; and (4) statistical information on the economic participation of men and women in different jobs occupations and sectors of the economy. The Committee takes note of the Government’s indication that the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021 is being implemented in practice through a series of activities aiming at reducing the gender imbalance in the field of public service and human resources management, and at overcoming gender stereotypes through awareness-raising campaigns and activities, the development and use of educational programmes for boys and girls, and through ensuring equal access to girls and women to higher education institutions. The Committee also takes note of the statistical information provided by the Government and observes that: (1) men remain predominant in executive positions (out of 1,269.3 thousand persons employed as executives, 516.3 thousand are women and 753.0 thousand are men); and (2) women continue to be concentrated in traditionally “female dominated sectors” (for instance out of 2,633.6 thousand persons employed as trade and service workers, 1.785.0 thousand are women and 848.6 thousand are men). The Committee also notes that according to the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), high levels of labour market gender segregation (horizontal and vertical) remain and despite the fact that the educational level of women is higher, their employment level remains lower than that of men; at the same time, the concentration of women in “humanities” and men in “natural” and “technical” education is a significant cause of gender imbalance in the employment policy (Beijing +25 national report, pp. 11–12). The Committee also observes that, in its concluding observations, the CESCR expressed concern over the fact that women are underrepresented in public service and the private labour market, and over the horizontal and vertical sex segregation. More generally, the CESCR is concerned about the persistent gender stereotypes relating to the roles of men and women, which perpetuate gender inequality in the country. As a result, women, particularly those in vulnerable situations such as internally displaced women and Roma women, continue to bear a disproportionate burden in terms of unpaid domestic and care work, which hinders their full participation in public life and in the labour market (E/C.12/UKR/CO/7, paragraphs 16 and 19). The Committee therefore requests the Government to continue its efforts to eliminate gender-based stereotypes (including through awareness-raising campaigns to promote the equal sharing of family responsibilities, with a view to facilitating women’s participation in the labour market) and to provide detailed information, including statistical data, on the results of the Programme on providing Equal Rights and Opportunities for Women and Men up to 2021. More generally, the Committee requests the Government to provide information on any other relevant measure adopted on the horizontal and vertical segregation between men and women in the labour market, such measures to facilitate women’s access to vocational education and training in areas that are traditionally male dominated.

Discrimination based on race, colour or national extraction. Roma people. The Committee requested the Government to provide information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority. It also requested the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector and to understand the underlying causes of the persistent discrimination in employment faced by the Roma minority, despite all the measures adopted. The Government indicates that persons from the Roma minority may apply to any employment centre where they are provided with assistance in finding employment, including through consulting and career guidance activities and access to occupation or vocational training. The Government further indicates that in 2021, a Memorandum of Cooperation was signed between the Odessa regional employment centre and the Centre for the protection of Roma rights, and an Agreement of Cooperation was signed between the Kremen regional employment centre and Kremen Roma, a public organization. These frameworks aim at developing dialogue with representatives of the Roma population to promote employment among the Roma communities. During the first half of 2021, the State Employment Service provided the following services: 131 people from the Roma population were granted the status of unemployed workers, 99 received unemployment benefits, 36 found employment, 8 undertook vocational training, 147 received career guidance services, and 282 received information and consulting services. The Committee takes note of this information. The Committee also notes that the CESCR expressed concern over high rates of unemployment among Roma workers (E/C.12/UKR/CO/7, paragraph 21) and observes that the report of the Government does not include information on the implementation of the Action Plan for the Protection and Integration of the Roma Minority and its impact in practice on the participation of members of the Roma community participate in vocational training and employment in the private and public sector. The Committee asks the Government to provide information on the results of the dialogue taking place within the cooperation framework established between the regional employment centres and the representative of the Roma population, and on any new initiative to promote employment among the Roma communities. It also asks once again the Government to undertake qualitative studies to evaluate the extent to which members of the Roma community participate in vocational training, as well as in employment in the private and public sector to identify the underlying causes of the persistent discrimination in employment faced by the Roma minority and address them.

Article 5. Special measures of protection. Discrimination based on sex. The Committee requested the Government to ensure that special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the strict sense), so as not to impede access of women to employment and occupation. The Committee notes with interest the indication by the Government that Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts of Ukraine to ensure equal opportunities for mother and fathers to care for a child was adopted. The Act provides for the father’s right to paid leave for a duration of 14 calendar days after the child’s birth and for a parental leave until the child reaches three years of age that may be granted to the mother or the father under equal conditions. A draft act is also under development by the Ministry of the Economy, to limit the complete prohibition of night work and overtime currently applicable to women with children under the age of 3 (section 175 and 176 of the Labour Code) to breast-feeding mothers with children under the age of 18 months. The draft also aims at eliminating the restriction on women’s night work (section 175 of the Labour Code) and at limiting the prohibition of women’s employment in heavy work, work in harmful or dangerous conditions, and underground work (section 174 of the Labour Code) to pregnant women and breast-feeding mothers with children under the age of 18 months. The Committee requests the Government to continue to provide information on any legislative developments aimed at ensuring that provisions relating to the protection of persons working under hazardous or difficult conditions are aimed at protecting the health and safety of both men and women at work, while considering gender differences with regard to specific risks to their health (for instance for pregnant and breast-feeding mothers). The Committee asks in particular the Government to provide information on the possible adoption of the draft under development on the employment of women referenced in the report.

Enforcement. The Committee requested the Government to provide information on awareness-raising, education and capacity-building measures aimed at employers and workers, as well as labour inspectors, in order to ensure a better understanding of how to identify and address discrimination and to better promote equality in employment and occupation. The Committee also requested the Government to provide information on the activities of the Ukrainian Parliament Commission on Human Rights in monitoring the implementation of the Law on Preventing and Combating Discrimination in employment and occupation. Noting that the report of the Government does not provide any information in this regard, the Committee asks once again the Government to provide detailed information on the measures adopted to ensure the enforcement of the Convention in practice, including information on the activities of the labour inspectorate and the Ukrainian Parliament Commission on Human Rights in relation to non-discrimination and equality.

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.

The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.

2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.

[The Government is asked to reply in full to the present comments in 2022.]

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Article 5(1)(c) of the Convention. Complaint-based inspection. The Committee had previously noted that there was no legislative or administrative text laying down a procedure for handling complaints concerning the crew accommodation of fishing vessels. The Committee notes that, in its report, the Government refers once again to Act No. 393/1996 on the appeals of citizens which, as it has indicated several times in the past, does not prescribe the conditions under which a recognized fishers’ organization can file a complaint that could trigger a detailed inspection of the crew accommodation of the fishing vessel concerned. Therefore, in the absence of national provisions implementing Article 5(1)(c) in relation to the procedure to handle complaints concerning the crew accommodation of fishing vessels, the Committee once again requests the Government to adopt without delay the necessary measures to ensure full compliance with this requirement of the Convention.

Articles 6(9), 10(1) and (22), 12(8)(b), and 16(6). Crew accommodation requirements. The Committee had requested the Government to specify the legal or administrative provisions implementing certain requirements of the Convention. The Committee notes the Government’s statement that, although no draft legislation has been submitted to date, the Ukrainian Constitution establishes that international treaties currently in force, agreed to be binding by the Supreme Rada of Ukraine, form part of Ukraine’s national legislation (section 9). The Government further indicates that, in accordance with the Law of Ukraine on International Treaties of Ukraine, when the domestic legislation is contrary to such international treaties, the latter shall prevail (section 19). The Committee accordingly requests the Government to indicate how it ensures, in practice, the direct application of the following provisions of the Convention: Article 6(9) (fire prevention or fire-retarding measures); Article 10(1) (sleeping rooms in no case forward of the collision bulkhead); Article 10(22) (furniture materials used in sleeping rooms); Article 12(8)(b) (bulkheads of sanitary accommodation to be of approved material and watertight); and Article 16(6) (gas containers to be kept on the open deck).

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 25 August 2021. It also notes the observations of the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, communicated with the Government’s report, and the response of the Government thereto.

Articles 4, 6 and 7 of Convention No. 81 and Articles 7, 8 and 9 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted that local authorities assumed labour inspection functions, in addition to the State Labour Service (SLS), and urged the Government to indicate the measures taken to place the inspection functions of the local authorities under the supervision and control of the SLS. In this regard, the Committee takes due note that, according to the Government’s report, legislative amendments introduced in 2021, including to section 34 of the Local Government Act, exclude local government authorities from monitoring compliance with labour legislation and issuing fines for labour law violations. The Government indicates that accordingly, labour inspection is now carried out exclusively by the SLS. Nevertheless, the Committee observes that section 17 of the Local Government Act, as amended, refers to the ability of local self-government bodies in the exercise of powers to control compliance with labour and employment legislation, to carry out inspections that do not belong to measures of state supervision, at certain enterprises, institutions and organizations. The Committee requests the Government to indicate the nature and scope of the power of inspection envisaged under section 17 of the Local Government Act, and to provide information, including examples, of how this power of inspection is implemented in practice.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously noted an increase in the number of labour inspectors from 615 in 2018 to 710 in 2019, for 1,003 existing posts, and urged the Government to pursue its efforts to fill the vacant posts. In this regard, the Committee notes the Government’s statement, that as at July 2021, 1,125 labour inspectors work for the SLS. Regarding its previous request for the Government to take measures to provide sufficient material resources for the SLS, the Committee notes the Government’s indication that labour inspectors are provided with office equipment and have their expenses covered, in accordance with the allocation of budgetary funds. The Committee requests the Government to provide further information on the measures taken to provide sufficient material resources to labour inspectors, including offices, office equipment and supplies, transport facilities and reimbursement of travel expenses, at the central and local levels of the SLS. It also requests the Government to continue to indicate the number of labour inspectors employed by the SLS and the number of available posts at the SLS.

Articles 12(1), 16, 17 and 18 of Convention No. 81 and Articles 16(1), 21, 22 and 24 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted the expiry of the moratorium on state supervision on 1 January 2019 and expressed the firm hope that no further restrictions of this nature would be placed on labour inspection in the future. In this respect, the Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, a moratorium has been imposed on planned inspections in businesses considered to be medium- or low-risk, in the context of the COVID-19 pandemic. In response, the Government indicates that such restrictions were necessary to reduce the administrative pressure faced by those businesses, as a result of restrictions related to the COVID-19 pandemic. The Government also explains that there are no restrictions on unplanned monitoring measures, regardless of the category of risk of businesses. The Committee recalls that labour inspection is a vital public function, at the core of promoting and enforcing decent working conditions and respect for fundamental principles and rights at work, and it plays an important role in national responses to COVID-19, by monitoring compliance with protective measures aimed at reducing transmission of the virus among employees. While recognizing the extraordinary nature of, and particular challenges linked to, the COVID-19 pandemic, the Committee requests the Government to ensure that the interference of any COVID-19-related measures with labour inspection activities is kept to the strict minimum necessary to respect public health measures. With reference to its General Observation of 2019 on labour inspection Conventions, the Committee requests the Government to remove any other moratoria on labour inspection. The Committee also requests the Government to provide detailed statistics on the number of inspection visits carried out by the SLS, disaggregated by type of inspection, region and sector.

2. Other restrictions. The Committee has previously noted for several years important restrictions on the powers of labour inspectors, contained in Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V), including restrictions with regard to: (i) the free initiative of labour inspectors to undertake inspections without previous notice; and (ii) the frequency of labour inspections. It noted with concern that Ministerial Decree No. 823 of 21 August 2019 on the Procedure for State Control of Compliance with Labour Legislation, as amended in 2019 and 2020 (Decree No. 823), provides for similar restrictions. In particular, section 1 of the amended Procedures approved by Decree No. 823 requires labour inspection to be carried out in accordance with Act No. 877-V, except for measures related to detecting informal employment. In this regard, the Committee strongly urged the Government to bring the labour inspection services and national legislation into conformity with the Conventions.

The Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, the District Administrative Court of the city of Kiev has found Decree No. 823 to be invalid in its Ruling No. 640/17424/19 dated 28 April 2021. The Committee notes with deep concern that previously observed restrictions in Act No. 877-V on the powers of labour inspectors remain in place. In this respect, the Committee notes the KVPU’s observations, alleging that, despite multiple amendments, sections 4, 5 and 6 of Act No. 877-V continue to restrict labour inspectors with regard to the time, scope and duration of inspections visits, their ability to undertake inspection without previous notice, and the measures they can take against violations. According to the KVPU, this leaves a significant number of problematic and important employee issues neglected and inadequately addressed. The KVPU also alleges that, despite the rising numbers of occupational accidents and cases of occupational diseases in 2020–21, requests from trade unions regarding identified violations are unanswered, delayed, or often met with refusal by the SLS, because trade union requests are not included in the exceptional grounds for unscheduled inspections under section 6 of Act No. 877-V.

The Committee recalls once again that restrictions on labour inspectors’ ability to conduct inspection visits without previous notice, at any hour of the day or night, in workplaces liable to inspection; and to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure effective application of legal provisions, violate the Conventions. The Committee also recalls that, under Article 18 of Conventions No. 81 and Article 24 of Convention No. 129, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced. In this regard, the Committee takes due note of the Government’s indication that the Ministry of Economy has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, and notes that the Government is receiving ILO technical assistance. The Government also indicates that a new draft law on fundamental principles of state monitoring was approved by the Cabinet of Ministers of Ukraine in June 2021 and submitted to Parliament. In addition, according to the Government, legislative amendments to the Labour Code have been adopted (previously, draft Law No. 1233 of 2019), reducing the size of fines provided for labour law violations in the Labour Code, and requiring labour inspectors to give warnings in cases of violations by certain legal persons and individual entrepreneurs using hired labour. The Committee observes that a number of draft laws, including draft Laws Nos 5371, 5054-1 and 5161-1, also propose changes to labour legislation which could have an impact on the application of Conventions Nos 81 and 129. The Committee requests the Government to provide its comments with respect to the observations of the KVPU. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee strongly urges the Government to promptly take all necessary measures to bring its national legislation into conformity with the provisions of Conventions Nos 81 and 129. In particular, the Committee strongly urges the Government to ensure that any future legislative amendments and laws with an impact on labour inspection, including the draft law on the fundamental principles of state monitoring, are in full conformity with Articles 12, 16, 17 and 18 of Convention No. 81 and Articles 16, 21, 22 and 24 of Convention No. 129. It requests the Government to provide a copy of the amendments to Act No. 877-V and the new law on the fundamental principles of state monitoring, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. Regarding its previous request on the role of labour inspectors in the consideration of appeals and questions of citizens and other parties, the Committee notes the Government’s indication in its report that awareness-raising is an integral component of the procedure for monitoring compliance with labour legislation. According to the Government, the time required for such work, for reviewing complaints, and for providing information citizens, is determined based on workers’ actual working situation, and the number of appeals and cases received. The Committee notes the Government’s indication that the State Labour Service (SLS) received 42,660 appeals from workers and employers in 2020. The Committee takes note of this information which addresses its previous request.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. Regarding its previous comments on measures to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, the Committee notes the Government’s indication that the Ministry of the Economy communicates every draft law or regulation to the social partners. Regarding the Committee’s previous request for more specific indications on concrete consultations within the National Tripartite Social and Economic Council, the Committee also notes the Government’s statement that a meeting of this Council held in November 2020 discussed organizational matters and set up a tripartite working group to develop legislative initiatives. The Committee requests the Government to continue to provide information on outcomes of concrete consultations undertaken in the National Tripartite Social and Economic Council, as regards the requirements under the Conventions, in particular as concerns labour inspection powers.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes with regret that the Government has not responded to its previous request regarding the turnover rate of staff in the SLS, and the conditions of service of labour inspectors as compared to other public officials exercising similar authority. Nevertheless, the Committee notes the Government’s statement that pursuant to the Civil Service Act and the Regulations on the State Labour Service in Ukraine, approved by Cabinet of Ministers Decree No. 96 of 11 February 2015, as amended, labour inspectors are civil servants and are guaranteed stability of employment, with appointments lasting for an indefinite period. The Committee also takes due note of the Government’s indication that it has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, which would propose increases in the remuneration of labour inspectors, per category, based on their knowledge, experience, and level of responsibility. The Committee requests the Government to provide a copy of this law, once adopted, and to continue to provide information on measures taken to improve the conditions of services of labour inspectors in the SLS. Noting the Government’s reference to the termination of 317 labour inspectors’ licences in 2021, the Committee requests the Government to provide further clarification on the reason for such terminations, and to provide further information on the turnover rate of labour inspectors of the SLS. It once again requests the Government to indicate how the remuneration and conditions of service of labour inspectors compare to those of other public officials exercising similar authority, such as tax collectors and the police.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the SLS. The Committee previously requested information on the implementation in practice of the system to notify occupational accidents and diseases to the SLS, and on the development of an automated system for reporting and analysing cases of occupational diseases. The Committee notes, in this regard, the indication from the Government that the information systems of the SLS for data-processing are outdated and that it plans to resolve this issue with technical assistance from the ILO. The Committee requests the Government to continue to provide information on the progress made in this respect. The Committee once again requests the Government to provide information, including statistics, on the application in practice of the current system to notify occupational accidents and diseases to the SLS.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on labour inspection. The Committee notes the 2020 Annual Report of the SLS, communicated with the Government’s report. The Committee welcomes that this report contains information on the subjects covered by Article 21(a)–(f) of Convention No. 81, as well as information specific to agricultural sector on the subjects covered under Article 27(a)–(e) of Convention No. 129. The Committee observes that the report does not appear to contain information on statistics of occupational diseases, including statistics specific to the agricultural sector (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129), or statistics of occupational accidents in the agricultural sector, including their causes (Article 27(f) of Convention No. 129). The Committee requests the Government to continue to publish and transmit the annual reports of the SLS to the Office, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. The Committee further requests the Government to take the necessary measures to ensure that the annual reports of the SLS also cover information on the subjects listed in Article 21(g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4 and 9 of the Convention. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee previously requested information on the coordination of functions and responsibilities within the labour administration system in practice, including between the Government and officials of executive authorities of town councils and rural and township councils charged with labour inspection functions. The Committee notes that, according to the Government’s report, following legislative amendments introduced to section 34 of the Local Government Act and to other laws and regulations, local government authorities have been excluded from monitoring compliance with labour legislation. The Committee also notes the Government’s statement that powers and functions regarding state labour policy and labour inspection have been transferred from the Ministry of Social Policy to the Ministry of the Economy. The Government accordingly indicates that the Ministry of the Economy ensures the function of coordinating activities of the SLS. The Committee requests the Government to provide further information on the coordination, in practice, of the responsibilities of different bodies entrusted with functions in labour-related matters within the labour administration system.

Article 5. Social dialogue. Regarding the Committee’s previous comments on whether activities of the National Tripartite Social and Economic Council have been carried out, the Committee welcomes the Government’s statement that the Council held meetings in November 2020 and June 2021, covering discussions on various issues, including decisions on the process to appoint a secretary and chairperson. The Government further indicates that the Secretariat of the National Tripartite Social and Economic Council has been instructed to provide organizational and technical support for the activities of the Steering Committee of the Decent Work Country Programme for the period 2020–24 (DWCP 2020–24). The Committee notes the Government’s statement that the determination of areas for action of the National Tripartite Social and Economic Council for the period 2021–23 is ongoing. The Committee requests the Government to continue to provide information on the National Tripartite Social and Economic Council’s activities and the outcomes of its meetings.

Article 10. Recruitment and training of staff. Material means and financial resources. The Committee notes the information provided by the Government regarding the budget allocated to the SLS for 2021, in response to its previous comments on budgetary means and human resources allocated to the labour administration services. The Committee also notes the Government’s indication regarding the mandatory trainings provided to labour inspectors and various training materials available to them. The Committee takes note of this information which addresses its previous request.

Comments adopted by the CEACR: Ukraine

Adopted by the CEACR in 2021

C027 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C115 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C126 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C129 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C147 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Comments adopted by the CEACR: Ukraine

Display the list by:

Adopted by the CEACR in 2021

C027 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C032 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C115 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C126 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C129 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C147 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)