Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Ukraine (Ratification: 1961)

Draft Labour Code. The Committee notes the Government’s indication, in its report, that there is an urgent need for a labour law reform to implement the provisions of international and European instruments into the national legislation, including the provisions of the Convention. In this regard, the Ministry of Economy has prepared a draft Labour Code and is processing the more than 1,000 comments submitted by central executive authorities and social partners to the draft Code, which was sent for approval. While noting the extremely difficult situation in the country since 24 February 2022, the Committee requests the Government to continue to provide information on the possible adoption of a new Labour Code, in relation to the application of the Convention. It reminds the Government that it can avail itself of technical assistance of the ILO in this regard.

Article 1(1)(a) of the Convention. Grounds of discrimination. National extraction. Legislation. The Committee recalled that it had previously noted the amendment to section 21 of the Labour Code (Act No. 785-VIII of 12 November 2015), which included “ethnic, social, and foreign extraction” as a prohibited ground of discrimination (and the Government’s indication that “national extraction” falls within the scope of the terms “ethnic and foreign extraction”). However, it had also noted that the Employment Act (2012) (section 11(1)) and the Law on Preventing and Combating Discrimination in Ukraine (2012) (sections 1(2)-(3)) were not amended to explicitly protect from discrimination based on “national extraction” and continued to only refer to the protection of “other characteristics”. Noting that the Government’s report is silent on this point, the Committee once again requests the Government to:

• Consider the possibility of harmonizing the lists of prohibited discrimination grounds in the Employment Act (2012) and the Law on Preventing and Combating Discrimination in Ukraine (2012) with the explicit list of discrimination grounds contained in the Labour Code, to ensure that the protection against discrimination in employment and occupation 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);
• provide information on the measures taken or envisaged to this end; and
• indicate whether the expression “other characteristics” used in section 11(1) of the Employment Act (2012) and sections 1(2)-(3) of the Law on Preventing and Combating Discrimination in Ukraine (2012) 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 notes the Government’s indication that the labour legislation does not provide for a duty of prevention on the part of the employer. The Government also indicates that section 16 of the Law “On the Organization of Labour Relations in Martial Law”, limits the scope of labour law issues which can be investigated during a period of martial law, which includes questions of mobbing or sexual harassment. However, the Government adds that section 16 of the Law on Organization of Labour in Martial Law is being reviewed to allow the conduct of inspections in relation to mobbing and sexual harassment in martial law. While it takes due note of this information, the Committee notes that the Government does not reply to its previous requests. The Committee therefore reiterates its request to the Government to: (i) specify whether section 1(7) of the Law on Preventing and Combating Discrimination in Ukraine prohibits, in practice, both quid pro quo and hostile work environment sexual harassment; and (ii) 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 also requests the Government to provide information on: (i) any progress achieved in amending section 16 of the Law on Organization of Labour Relations in Martial Law; and (ii) the number and nature of 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 the absence of information provided on this point, the Committee once again asks the Government to: (i) specify whether the health status document requested under section 24 of the Labour Code includes information on HIV status; and (ii) 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 notes the numerous measures taken by the Government, including through legislative means, to ensure the inclusion of persons with disabilities in the workforce, such as for example: (1) in October 2022, the Law of Ukraine No. 2682-IX “On Amendments to Certain Laws of Ukraine Regarding the Protection of Social, Labor and Other Rights of Individuals, Including During Martial Law, and Simplifying the Accounting of Workplaces for Persons with Disabilities” was adopted. The Law introduced an updated mechanism calculation of administrative and economic sanctions in case of non-compliance with workplace standards by enterprises; (2) in September 2023, Resolution of the Cabinet of Ministers of Ukraine No. 984 “On Approval of the Procedure for Implementing a Pilot Project on the Organisation of Vocational Training for Combatants and Persons with Disabilities as a Result of War in Vocational (Vocational and Technical) Education Institutions of the State Employment Service” was adopted to facilitate the adaptation and employment of combatants and persons with disabilities as a result of war, regardless of their level of education and professional experience, who have the opportunity to undergo training, retraining, and advanced training at the Vocational Education Centres of the Service; (3) in July 2023, the Law of Ukraine No. 3191-IX “On Amendments to Certain Laws of Ukraine Regarding the Verification of Information in Separate Systems and Registers” entered into force, which provides for the automated identification of persons with disabilities who can be employed and ensures that such information is sent to the State Employment Centre for their employment; and (4) in April 2024, Order No. 172 of the Ministry of Social Policy approved the Procedure for identifying persons with disabilities who can be employed and sending information about such persons to the State Employment Centre. The Committee also takes note of the data provided by the Government: (1) in 2023, 34,800 persons with disabilities used the State Employment Service, they were 51,000 in 2022, and 67,800 in 2021; (2) with the assistance of the State Employment Service, 7,700 persons with disabilities were employed in 2023, 8,900 persons with disabilities were employed in 2022, and 14,000 persons with disabilities were employed in 2021; (3) vocational training covered 1,700 persons with disabilities in 2023, and 1,500 persons with disabilities in 2022; and (4) the State Employment Service currently has 8 fully operational vocational training centres which provide training in 95 working professions and more than 400 advanced training programmes. In 2023, 98 people received such training, including 6 people with war-related disabilities. The Committee welcomes the Government’s efforts to facilitate access to employment and occupation of workers with disabilities. The Committee requests the Government to continue to provide information on the impact of all the measures described above on the situation of workers with disabilities in the country. 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. The Committee recalls that the Law on Cleansing of the Authorities (2014), appeared to establish a “screening” procedure to exclude persons who had certain duties under the previous regime and under the former Soviet Union from holding or applying to hold certain positions in the public service and that, according to section 7 of that Law, the Ministry of Justice is the primary body to determine whether a person is excluded from holding or applying for certain positions in the public service. In this regard, it 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, and to provide information on the application of the Law in practice. In the absence of information provided by the Government in reply to its previous comments, the Committee wishes to recall the potentially broad impact of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees, which could lead to discrimination based on political opinion, contrary to the Convention. While noting the complex situation in the country, the Committee again requests the Government to provide detailed information on the application in practice of the Law on Cleansing of the Authorities No. 1682-VII on local and national government employees, including: (i) the number of persons who have been dismissed or excluded from applying to the posts and professions listed in the Act; and (ii) details about any individual determinations made by the Ministry of Justice in applying the law and on any appeals brought before the court.

Article 1(3). Definition of discrimination. Scope. Legislation. The Committee notes the Government’s indication that: (1) the State Employment Service takes measures to organize vocational guidance for all social groups of the population without discrimination; and (2) in November 2022, the Law of Ukraine No. 2759-IX "On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (bullying)" (draft law No. 5748) was adopted, defining and prohibiting the concept of “mobbing”. However, the Government does not provide the requested information on: (1) the scope of application of its legislation on discrimination; and (2) the adoption of draft law No. 0931 on the introduction of amendments to several legislative acts of Ukraine (to harmonize legislation on preventing and combatting discrimination with European Union law) proposing to add the definitions of the following concepts to the legislation: “multiple discrimination”, “victimization” and “discrimination by association”. Therefore, the Committee once again 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);
• provide information on the legislative developments regarding draft law No. 0931, as well as on any other legislative development in relation to discrimination in employment and occupation; and
• ensure that any definition of discrimination included in new legislation, 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 notes the Government’s information on the adoption, in January 2022, of the Law of Ukraine No. 1750-IX On Amendments to the Law of Ukraine On Advertising On Combating Gender Discrimination, which defines «discriminatory advertising» and «discriminatory advertising on the basis of gender» and increases liability for violation of advertising legislation. 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. However, the CEDAW also noted with concern: (1) the risk of roll-back of achievements in gender equality in the current conflict context; (2) the persistent stereotypes on the patriarchal roles and responsibilities of women and men in the family and in society; (3) that women remain underrepresented in the Verkhovna Rada (parliament) and in regional, district and city councils and that their representation has decreased in settlement and village councils; (4) that women’s representation at senior levels of the public service remains unchanged and although the number of women in high-level positions in the diplomatic service has increased, it remains disproportionately low; (5) that women in political and public life reportedly face misogynist public discourse by male politicians, political commentators and media professionals that perpetuate discriminatory gender stereotypes; (6) the concentration of women and girls in traditionally female-dominated fields of study; and (7) the continued horizontal and vertical segregation in the labour market and the high concentration of women in low-paid jobs, in the informal economy and in positions in the formal sector, for which the employer does not declare income for tax and social protection purposes (CEDAW/C/UKR/CO/9, 1 November 2022, paragraphs 23, 27, 33, 37 and 39). While acknowledging the difficult situation in the country, the Committee requests the Government to strengthen its efforts to eliminate gender-based stereotypes through awareness-raising campaigns (including to promote the equal sharing of family responsibilities) with a view to facilitating women’s participation in the labour market. It again requests the Government 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 as well as on the State Strategy for Ensuring Equal Rights and Opportunities for Women and Men until 2030. More generally, the Committee requests the Government to provide information on any other relevant measure adopted to address the horizontal and vertical segregation between men and women in the labour market, and 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 notes the Government’s indication that: (1) all persons applying to the State Employment Service, including those belonging to the Roma national minority, receive the same assistance from the Service; (2) in 2023, 111 persons (including 88 women) from the Roma community used the services of the State of Employment Service, they were 193 (including 119 women) in 2022 and 231 (including 174 women) in 2021; (3) in 2023, 83 persons (including 70 women) from the Roma community had the status of unemployed, 154 (including 101 women) in 2022, and 175 (including 137 women) in 2021; (4) with the assistance of the State Employment Service, 24 Roma persons were employed in 2023 (including 18 women), 36 in 2022 ( including 18 women) and 55 in 2021 (including 46 women); and (5) in 2023, 1 Roma woman received vocational training at the direction of the State Employment Service, 2 Roma women in 2022 and 8 Roma women in 2021. The Committee further notes, from the concluding observations of the United Nations Human Rights Committee on the International Covenant on Civil and Political Rights the adoption of the Strategy for promoting the realization of the rights and opportunities of persons belonging to the Roma national minority in Ukrainian society for the period until 2030 (CCPR/C/UKR/CO/8, 9 February 2022, paragraph 3). The Committee asks the Government to continue to provide information on: (i) the measures taken or envisaged to promote employment among the Roma communities, including within the framework of the Strategy for promoting the realization of the rights and opportunities of persons belonging to the Roma national minority in Ukrainian society for the period until 2030; and (ii) the participation rates of members of the Roma community in employment and occupation, including in vocational training and education. It also requests the Government to analyse and provide information on the underlying causes of the persistent discrimination in employment faced by the Roma minority and to take the necessary measures to address them.

Article 5. Special measures of protection. Restrictions on women’s employment. The Committee notes with interest, from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Health of Ukraine, in 2017, abolished the list of more than 450 jobs prohibited to women. However, the Committee notes, from the Government’s report under the Workers with Family Responsibilities Convention, 1981 (No. 156), that: (1) section 175 of the Labour Code continues to prohibit the engagement of women in night work, with the exception of those branches of the economy of Ukraine, where this is caused by a special need and is allowed as a temporary measure; and (2) section 176 continues to prohibit the engagement of pregnant women and women with children under the age of 3 in night work, overtime and work on weekends. In this regard, the Committee recalls that the principle of equality between men and women requires that measures of protection do not have the effect of excluding women from certain professions due to prejudices or stereotypes concerning their role, aptitudes and to what is “suitable to their nature”. The Committee underlines that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see the General Survey of 2023 on Achieving Gender Equality at Work, paragraphs 85 and 86). The Committee requests the Government to: (i) provide information on the branches of economy in which women are permitted to work at night; and (ii) consider the possibility of amending sections 175 and 176 of the Labour Code to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women.

Enforcement. The Committee notes the Government’s indication that, in order to inform employees and employers about the requirements of the law regarding the prevention of discrimination, labour inspectors conduct informational and explanatory work during informational visits to employers. A total of 81,329 employers and 836,543 employees have been covered by such measures since the beginning of 2023. The Government also indicates that persons who believe that they have experienced discrimination in the field of work have the right to file a complaint with state authorities, the authorities of the Autonomous Republic of Crimea, local self-government bodies and their officials, the Commissioner of the Verkhovna Rada for Human Rights and/or the court. However, the Committee notes the lack of information provided on the number of discrimination cases brought to these authorities. While noting the situation prevailing in the country currently, the Committee asks the Government to provide information on: (i) the activities of the labour inspectorate to raise awareness of the rights afforded by the Convention; and (ii) the number, nature and outcome of cases of discrimination in employment, in both the public and private sectors, dealt with by the labour inspectorate, the Commissioner of Verkhovna Rada for Human Rights or the courts.