Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Ucrania (Ratificación : 2000)

Article 3 of the Convention. National policy. The Committee notes that, once again, the Government’s report is silent on the results achieved by the previous State Programme to Ensure Equal Rights and Opportunities for Women and Men 2006–10 and on the results of the State Programmes which ended in 2016 and 2021. In this regard, the Committee wishes to recall that, before developing new programmes, it is essential to assess first the results and effectiveness of the previous ones, to ensure that the programmes about to be developed are informed by the difficulties and challenges encountered in the implementation of previous programmes. The Committee further notes, from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the draft Labour Code is still under review. It recalls that section 290 of the draft Labour Code envisages the introduction of a new definition of workers with family responsibilities as “mother, father, adopting parent, guardian, foster parents, and in some cases, another family member”. The Committee further notes, from the concluding observations of the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) the adoption, in 2022, of the State Strategy for Ensuring Equal Rights and Opportunities for Women and Men until 2030 (CEDAW/C/UKR/CO/9, 1 November 2022, paragraph 5). The Committee once again requests the Government: (i) to provide detailed information on the measures taken by the competent bodies and authorities to ensure the full implementation of the 2006 Law on Ensuring Equal Rights and Equal Opportunities for Women and Men, with regard to issues concerning both women and men workers with family responsibilities; and (ii) to indicate if, and how, the assessment of the State Programme ended in 2016 and 2021 have guided the drafting of the State Strategy for Ensuring Equal Rights and Opportunities for Women and Men until 2030. Finally, the Committee requests the Government to provide information on the results achieved by the previous programmes, in particular statistical data, and on the measures taken in the framework of the new State Strategy with regard to issues concerning women and men workers with family responsibilities.

Article 4. Leave entitlements and working-time arrangements for men and women workers with family responsibilities. The Committee notes the Government’s repeated indication that once the draft Labour Code is adopted, women and men workers with family responsibilities will enjoy equal rights and guarantees with regard to combining work and family life. The Government further indicates that the Resolution of the Cabinet of Ministers No. 356 of March 2024 amended the Procedure for granting leave for the birth of a child. Now, fathers (even when not in a registered marriage with the child's mother, provided that they live together), and grandparents (when the child is in a single-parent home) may request leave for the birth of a child. The Committee further notes, from the concluding observations of the CEDAW its concerns about the persistently low number of men availing themselves of parental leave while the child is under 3 years of age (CEDAW/C/UKR/CO/9, paragraph 39(f)). The Committee once again requests the Government to: (i) ensure that the future Labour Code grants leave entitlements and working-time arrangements to men and women on an equal footing; and (ii) provide information on the implementation in practice of leave entitlements and working-time arrangements, in particular following the adoption of the Resolution of the Cabinet of Ministers No. 356 of March 2024 (including statistical information, disaggregated by sex, on the number of workers with family responsibilities exercising such leave and working arrangement options). Please keep the Office informed of the progress achieved towards the adoption of the new Labour Code.

Article 5. Childcare and family services and facilities. The Committee reiterates its request for: (i) detailed statistical information on the availability of childcare services and facilities that would allow the Committee to assess the progress made over time in ensuring sufficient coverage; and (ii) information on the number and nature of services and facilities that exist to assist workers, including men, with family responsibilities regarding other dependent members of their family.

Article 6. Information and education.The Committee again requests the Government to provide information on: (i) the measures taken, and results achieved, to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for women and men workers with family responsibilities; and (ii) the appointment of the Commissioner on Equal Rights and Opportunities for Women and Men, its mandate and whether this authority is responsible for providing information and education on equality between women and men workers and, in particular, for workers with family responsibilities.

Article 7. Vocational guidance and training. The Committee notes that the information on vocational guidance and training (VGT) is provided under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) report of the Government. However, it only focuses on VGT opportunities for unemployed persons in general with no specific indication on measures in place to ensure that following a period of absence due to maternity, paternity, parental or adoption leaves, the employee is able to return to work. Consequently, the Committee must again reiterate its requests that the Government provide information on any practical and legal measures taken or envisaged to address the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 11. Employers’ and workers’ organizations.The Committeeagain requests the Government to provide information on any measures taken to encourage the participation and collaboration of workers’ and employers’ organizations in this regard, such as their consultation in the preparation of legislative measures, or their direct assistance in the provision, for example, of childcare facilities.

Enforcement. Noting the absence of information provided in this regard, the Committee again requests the Government to provide information on any studies, surveys or reports that may enable it to assess how the principles of the Convention are applied in practice, as well as any related judicial decisions, and cases of infringement of the Law on Ensuring Equal Rights and Equal Opportunities for Women and Men and the Labour Code reported to, or detected by, the labour inspection services.