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

Convenio sobre política social (normas y objetivos básicos), 1962 (núm. 117) - Ucrania (Ratificación : 2015)

Articles 1 and 2 of the Convention. Improvement of standards of living. The Committee acknowledges the extremely difficult situation the country is facing since 24 February 2022 and the challenge that the war represents to implement the Convention’s objective to direct all policies to the well-being and development of the population and to the promotion of its desire for social progress. According to ILO estimates (ILO Monitor on the World of Work 10th 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 continue to severely constrain the potential of the Ukrainian economy and its labour market. The Government nonetheless provides information on the measures adopted during the reporting period to improve living standards in spite of these difficult circumstances. It notes that, while refugee flows have slowed down, displacement remains widespread, with over 8 million refugees and an estimated 5.4 million internally displaced persons (GB.347/INS/16). The Government indicates that, considering the current situation in the labour market, the introduction of new or the modernization of existing active employment programmes are being considered. It adds that it has implemented a programme to compensate employers for salary costs when they hire internally displaced persons. In 2022, a total of 9,700 decisions were made to provide compensation for 16,500 employed internally displaced persons, reflecting ongoing support for vulnerable populations. Additionally, under another initiative that provided compensation to small businesses that created new jobs in priority economic sectors, 7,800 people were employed in 2020, 5,800 in 2021, and 3,300 in 2022. Furthermore, in 2022, 16,173 applicants participated in the micro-grant programme, and 3,321 individuals and businesses received positive decisions, with a plan to create 8,313 new jobs as a result. Overall, micro-grants totalling 543 million hryvnias (UAH) have been financed to support these employment initiatives.

The Committee takes note of this information and the Government’s efforts aimed at facing the significant challenges in raising living standards amidst the ongoing war. It observes that the war has severely impacted Ukraine’s economy, leading to widespread destruction of infrastructure, businesses, and homes. This disruption has 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. 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. 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. Finally, 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 ILO and other international support and efforts to rebuild infrastructure, stabilize the economy, and provide social services to its citizens. The Committee wishes to recall 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 and which ultimately also charts the path towards achieving the principal objective of the Convention - the improvement of standards of living as the main pillar in the planning of economic development. The Committee asks the Government to continue providing information on how it pursues this objective in spite the current circumstances.

Articles 3 and 4. Planning of economic development and improvement of living standards in rural areas. The Government previously reported that amendments to the Job Search Incentivization (Unemployed Persons and Job Seekers) Act had been drafted by the Ministry of Social Policy, with the support of the State Employment Service. According to the Government, the proposed amendments would encourage employers to create jobs in both rural and urban areas and provide wage subsidies to employers who recruit persons referred by an employment centre who are registered as unemployed and have difficulty competing in the labour market, or for small businesses that recruit registered unemployed persons in newly created jobs in priority sectors of the economy. The Committee notes that the Government’s report does not contain any new information regarding the Job Search Incentivization Act. The Government indicates however that several active employment programmes aim to encourage employers to hire registered unemployed persons, including through the creation of new jobs. The Committee requests the Government to provide updated information regarding the measures taken to create employment in rural and urban areas of the country, indicating whether the reform of the Job Search Incentivization (Unemployed Persons and Job Seekers) Act is still on the agenda. The Committee further requests the Government to provide information on measures taken or envisaged to eliminate the causes of chronic indebtedness and create employment and income-generating opportunities by encouraging and assisting producers’ and consumers’ cooperatives, as contemplated by Article 4(e).

Articles 6 to 9. Migrant workers. Transfer of wages and savings. The Committee notes that the Government’s report does not contain any information regarding migrant workers. The Committee refers to its previous comments and once again requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the impact of internal labour migration in Ukraine, including internally displaced persons, and on how it is ensured that internal labour migrants enjoy protections and advantages not less favourable than those enjoyed by local workers resident in the same region (Article 8(2)). The Government is also requested to provide information on measures taken or envisaged to enable Ukrainians who migrated due to the war and work abroad to transfer part of their wages and savings to their relatives back in Ukraine (Article 8(3)). The Committee further requests the Government to provide information on measures adopted to take into account any increased costs of living resulting from the change of residence of workers in cases where they and their families move from a low-cost to a higher-cost area.

Article 10. Minimum wage. In its previous comments, the Committee noted the observations of the Federation of Trade Unions of Ukraine (FPU), which maintained that the Government does not consult social partners in fixing the minimum wage. The FPU added that the minimum wage in Ukraine is significantly lower than appropriate under ILO standards, asserting that certain factors, such as inflation and currency devaluation, have not been taken into consideration by the Government in fixing the minimum wage. The FPU alleged that the approach applied by the Government in determining social standards and guarantees is causing the spread of poverty among the working population and pensioners. In its response, the Government indicated that a collective labour dispute between the joint Representative Body of Trade Union Associations and the Cabinet of Ministers was addressed and resolved by a Conciliation Commission. The Government added that all parties involved in the dispute had collaborated closely ever since, engaging in social dialogue to address related issues. Noting that no new information was provided in this respect, the Committee once again requests the Government to provide detailed information on the impact of the general bargaining agreement on wages and working conditions. In addition, the Government is once again requested to provide information on the measures taken or envisaged to encourage the fixing of minimum wages by collective agreement (Article 10(1)). The Committee also requests the Government to indicate the measures taken to ensure that the employers and workers concerned are informed of the minimum wage rates in force and to ensure that wages are not paid at less than the applicable minimum rates (Article 10(3)).

Article 11. Wage payment and registration of wages. The Committee previously noted the observations of the FPU, which maintained that rising inflation is prompting a continuous decrease of real wages and that wage arrears are also increasing. In its response, the Government indicated that it had taken a number of measures to address issues related to salary increases in designated economic sectors and to improve the methods of calculating indexation and harmonization of wages. The Government added that ad hoc committees had been created to settle existing arrears in wages, pensions, grants and other social benefits. Noting that no information was provided in this respect, the Committee once again requests the Government to provide updated information on the measures taken or envisaged to give effect to this Article.

Article 12. Advances on the remuneration of workers. The Committee notes that the Government’s report does not contain information regarding this provision of the Convention. The Committee once again requests the Government to provide detailed information on legislation, collective agreements, or other measures taken to regulate the maximum amounts and manner of repayment of wages advanced to workers, as contemplated under this Article of the Convention.

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

Articles 15 and 16. Education and training. The Committee notes that the Government’s report does not contain any information regarding these provisions of the Convention. It notes the general information on education and training provided in the Government’s report on the application of the Employment Policy Convention, 1964 (No. 122), indicating that in June 2022 the Law “On Amendments to the Law of Ukraine On Vocational (Vocational and Technical) Education” was adopted. The law provides the opportunity to obtain vocational and technical education in another profession free of charge throughout life, but not earlier than three years after the completion of free vocational and technical education, and under certain conditions. The Committee once again requests the Government to provide more specific information on the manner in which effect is given to Articles 15 and 16 of Convention No. 117. In particular, it requests the Government to indicate what measures have been taken or are contemplated to promote the progressive development of education, vocational training and apprenticeships with a view to preparing children and young persons of both sexes for a useful occupation (Article 15(1)).

Part V of the report form. Application of the Convention in practice. The Committee takes due note of the statistical information included in the Government’s report as regards the number and amount of micro-grants provided for the creation of small businesses. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Ukraine, including for example, extracts from official reports, copies of collective agreements or conciliation awards, as well as any information on practical difficulties that may have arisen concerning the application of the provisions of the Convention.