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

Convention (n° 140) sur le congé-éducation payé, 1974 - Ukraine (Ratification: 2003)

Articles 2 to 4 of the Convention. Formulation of a national policy on paid educational leave. The Committee acknowledges the extremely difficult situation in the country since February 2022. It refers to its previous comments regarding the Government’s indication that a new Labour Code was being drafted, aimed at enhancing protections for workers who pursue education while continuing to work. This draft also specified that employees elected to trade union bodies are to be granted additional paid leave for trade union training, in accordance with the arrangements outlined in collective agreements. The Committee notes the Government’s indication that the draft Labour Code has not yet been adopted. The Government adds, however, that the Ministry of Economy has developed a draft Labour Law, which will be submitted for consideration to the Government following consultation meetings, in accordance with established procedures. Under the current legal framework, section 202 of the Labour Code provides that employers must create conditions that allow employees to combine work and education, offering support for those undergoing industrial training or studying in educational institutions without separating them from production. There are additional types of leave related to studies at various educational levels, including secondary, vocational, and higher education. The Government indicates that the draft Labour will also include provisions for additional education leave, indicating that these provisions will regulate paid educational leave more comprehensively and specifically than the current legislation. The Committee requests that, upon adoption, the Government provide a copy of any new legislative text that effectively implements the Convention. It also requests the Government to continue to provide information on the measures taken to formulate, adopt and apply a national policy to promote paid educational leave in line with the objectives set out in the Convention.

Article 6. Participation of the social partners. The Committee refers to its previous comments noting the Government’s indication that the requirements of Article 6 of the Convention are implemented when adopting regulatory and legal acts. Legislation concerning socio-economic and labour rights cannot be submitted for consideration by the Cabinet of Ministers of Ukraine, nor adopted, without prior social dialogue. The Government indicates that, according to section 4 of Law No. 4312 of 2012 on Professional Development of Employees, both employers’ and workers’ organizations are involved in the formulation and implementation of state policy regarding employee professional development. They also oversee the implementation of measures provided for by collective agreements and participate in monitoring the labour market and forecasting its development. The Committee requests the Government to provide further specifics on the manner in which public authorities, employers’ and workers’ organizations, and educational and training institutions are involved in the policy formulation and implementation phases aimed at promoting paid educational leave. The Committee considers that effectively involving stakeholders throughout the entire process - from policy development to the finalization of draft laws - allows governments to create more robust, effective, and widely supported legislation. This involvement promotes quality and effectiveness by allowing valuable insights and expertise, enhancing inclusivity and transparency of the process, and facilitating consensus-building by identifying issues before they become entrenched in draft laws.

Application of the Convention in practice. The Government indicates that, as of June 1, 2023, the Employment Centre has simplified the process for issuing training vouchers and implemented an online application system on its official website. As of July 12, 2023, 1,450 online applications had been processed, along with 692 personal consultations. Between January and June 2023, 6,600 study vouchers were issued. Furthermore, the Government indicates that the State Statistics Service of Ukraine does not collect information on the number of employees granted paid leave for studies, by gender and age. The Committee notes this information and wishes to observe that collecting statistics on the number of workers granted paid educational leave greatly facilitates identifying challenges related to the implementation and improvement of the national policy and legislative framework regarding paid educational leave. It therefore invites the Government to consider favourably collecting such statistics in the future and to continue to provide information related to the application of the Convention, including statistics disaggregated as much as possible. Additionally, it requests the Government to provide any other documentation, including reports and studies, including those developed in the context of the current reform of the labour code provisions concerning paid educational leave provisions, that would allow an assessment of the level of application of the Convention in practice.