Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Employment Policy Convention, 1964 (No. 122) - Ukraine (Ratification: 1968)

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 31 August 2023. It also recalls the earlier observations from the KVPU and the Federation of Trade Unions of Ukraine (FPU), received on 6 October 2022, concerning the application of the Convention. The Committee requests the Government to provide its comments on these observations.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee acknowledges the extremely difficult situation the country has been facing since 24 February 2022 and the challenge that the war represents to implement a policy to promote full, productive and freely chosen employment. Despite these difficulties, the Government provides information on efforts to implement an active employment policy, including initiatives by the State Employment Service (SES) to assist jobseekers. The Government indicates that the SES is focused on providing social services to citizens regarding job searches, including through the organization of public works and other works of a temporary nature, as well as professional guidance and training. It adds that, according to section 15 of the 2012 Law on Employment of the Population No. 5067-VI, the national employment policy is based on the principle of ensuring equal opportunities for the population to exercise the constitutional right to work. Efforts to boost employment include changing SES service procedures to increase customer service levels and public trust in the employment service. On 17 March 2023, the Cabinet of Ministers adopted Resolution No. 237, which defines the responsibilities within employment centres to ensure the delivery of quality services, and the priority of providing such services in electronic form. The Committee notes the employment statistics provided for 2020 and 2021, and notes the Government’s indication that the State Statistics Service did not conduct labour force surveys in 2022 due to the war. In 2020, 606,000 people were employed with the assistance of employment centres, including 291,000 women and 12,000 persons with disabilities. In 2021, 504,000 people were employed with the assistance of employment centres, including 252,000 women and 14,000 persons with disabilities. In 2022, the total decreased to 305,000 people, including 150,000 women and 9,000 persons with disabilities.

The Committee notes this information and the Government’s efforts aimed at implementing an active employment policy amidst the ongoing war. It observes that the war has severely impacted Ukraine’s economy, leading to widespread destruction of infrastructure, businesses and homes. According to ILO estimates (ILO Monitor on the World of Work, Tenth edition, 2022), employment in Ukraine declined by 15.5 per cent in 2022 in comparison to the previous year, which is equivalent to 2.4 million jobs lost. Moreover, ILO employment projections (ILO Monitor on the World of Work, Eleventh edition, 2023) suggest stagnant activity in 2023 as the hostilities continued to severely constrain the potential of the Ukrainian economy and its labour market. The war-related disruptions have resulted in a significant decline in economic activity and increased unemployment. The conflict has caused inflation to soar, making everyday goods and services more expensive, which has eroded the purchasing power of citizens. In addition, millions of persons have been displaced internally or have fled to other countries which has severely impacted social services and disrupted communities, making it difficult to maintain stable living conditions (UNEP, Global impact of the war in Ukraine: Billions of people face the greatest cost-of-living crisis in a generation, 8 June 2022). Furthermore, the healthcare system is under immense pressure due to war-related injuries and numerous educational institutions have been damaged or repurposed for military use, disrupting the education of millions of children (UN News, Report reveals war’s “stark impacts” on Ukraine society, 19 June 2023). The war has also disrupted energy supplies, leading to shortages and higher prices and this has affected heating, electricity, and fuel availability, which are critical for daily life and economic activities. Lastly, ongoing military operations and the threat of further attacks create an environment of insecurity, which hampers economic recovery and investment. The Committee notes that despite these challenges, Ukraine is working towards recovery with the ILO and other international support and efforts to rebuild infrastructure, stabilize the economy and provide social services to its citizens. The Committee recalls in this respect the relevance of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides important guidelines on using the leverage of employment and decent work in preventing, preparing and responding to conflicts. It recalls from the guiding principles of Recommendation No. 205 that the promotion of full, productive, freely chosen employment and decent work are vital to promoting peace, preventing crises, enabling recovery and building resilience (Paragraph 7(a)). While recognizing the difficult circumstances in the country, the Committee requests the Government to continue to provide information on how it pursues an active policy designed to promote full, productive and freely chosen employment, as well as information on the impact of measures taken.It also recalls the importance of collecting employment data and requests the Government to provide detailed, updated information, including statistical data disaggregated by sex, age and region, regarding the employment situation in the country. Additionally, the Committee requests the Government to provide updated information concerning the activities of the State Employment Service, including with respect to the manner in which its placement activities have led to lasting employment opportunities.

Coordination of education and training programmes with employment policy. The Committee notes the Government’s indication that the SES organizes vocational training to match the skills of jobseekers to the needs of employers, aiming to expand competencies and increase competitiveness of unemployed persons on the labour market. The Law on Employment of the Population allows for vouchers to enhance labour market competitiveness through retraining and advanced training for seven categories of workers, including vulnerable groups. Vocational training by employment centres supports employer requests, self-employment and labour market needs. In June 2022, amendments to the Law on Vocational (Vocational and Technical) Education were adopted, allowing for the opportunity to obtain lifelong vocational and technical education under certain conditions. The Committee refers in this respect to Paragraph 19(a) of Recommendation No. 205, which calls on Members to formulate or adapt a national education, training, retraining and vocational guidance programme that assesses and responds to emerging skills needs for recovery and reconstruction, in consultation with education and training institutions and employers’ and workers’ organizations, engaging fully all relevant public and private stakeholders. The Committee requests the Government to provide information on the impact of education and training programmes, as well as recent legislative changes, including the amendments made to the Law on Vocational (Vocational and Technical) Education. It also requests the Government to provide information on the consultations held concerning the development of these programmes.

Youth employment. The Government indicates that the SES ensures the implementation of the constitutional right to work of unemployed young citizens and social protection against unemployment. In 2020, 762,000 young people under the age of 35 received employment services, with 178,000 employed with the assistance of employment centres. In 2021, 676,000 young people received employment services, with 130,000 obtaining employment; and in 2022, 312,000 received employment services, with 69,000 employed via the employment centres. In reply to the previous comments concerning the measures taken to prevent and prohibit the use of discriminatory restrictions, including age restrictions, in job vacancy announcements, the Government refers to section 11 of the Law on Employment of the Population which forbids discrimination in the field of employment. The Law on Advertising prohibits recruitment demands based on specified grounds, including age, and penalties are imposed for violations. The Committee requests the Government to continue to provide detailed information, including statistical data disaggregated by sex and age, on the impact of youth employment measures, including those implemented by the State Employment Service. Taking into account the national context, the Committee also wishes to refer in this respect to Recommendation No. 205, which emphasizes the need to include specific youth employment components in disarmament, demobilization and reintegration programmes. These components should incorporate psychosocial counselling and other interventions to address anti-social behaviour and violence, with a view to reintegration into civilian life. Furthermore, the Recommendation emphasizes the importance of providing income-generating opportunities to young people which can be achieved through training, employment, and labour market programmes. The Committee considers that such measures are part of a broader effort to generate employment and decent work for the purposes of prevention, recovery, peace and resilience with respect to crisis situations arising from conflicts and disasters.

Article 3. Consultations with the social partners and representatives of persons affected. The Committee notes the KVPU and FPU’s 2022 observations concerning legislation adopted without consultations with the social partners. This concern persists in the KVPU’s 2023 observations. For example, Law No. 2136-IX on Labour Relations under Martial Law was adopted pursuant to a shortened procedure, without social dialogue. According to the workers’ organizations, Law No. 2136-IX was adopted for the period of martial law and restricts the rights of employees. The Law allows employment contract suspension, affecting employees’ wage payments and access to unemployment benefits. The Committee hopes that the Government will take the necessary measures to give effect to Article 3 of the Convention by duly organizing consultations with the representatives of the persons affected by employment policies, and in particular representatives of employers and workers, and requests the Government to provide detailed information on the content and outcome of such consultations in its next report. In addition, the Committee recalls that Recommendation No. 205 underscores the critical role of tripartite consultations in crisis contexts by emphasizing the development of responses through social dialogue, involving the most representative employers’ and workers’ organizations, and relevant civil society organizations where appropriate. The Recommendation thus advocates for inclusive decision-making processes that engage governments, employers and workers’ organizations in addressing employment and decent work challenges arising from conflicts and disasters. It calls for coordination and synergy between humanitarian and development assistance, facilitated by social dialogue to ensure comprehensive and coherent measures. Additionally, the Recommendation highlights the importance of good governance, national reconciliation and a just transition to an environmentally sustainable economy, all of which are supported by effective tripartite consultations. Finally, the Recommendation affirms the need to respect national laws and leverage local knowledge, capacity and resources, achievable through dialogue with local employers’ and workers’ organizations.

ILO technical assistance. The Committee notes with interest the technical assistance provided by the ILO with regard to the implementation of the Convention. It notes that an integrated, multi-track and three-pillar approach to recovery is proposed in the 2024–25 ILO Transitional Cooperation Strategy for Ukraine, which aims at spearheading a transitional effort to set Ukraine on the path to decent work by investing in people, creating quality employment and sustainable enterprises, and improving labour market governance, including social dialogue. The Committee invites the Government to provide information on the implementation of the above Strategy and results achieved.