ITUC asked the ILO to assess bill №2983

Karen Curtis

International Labour Organization

Switzerland

July 23, 2015

Dear Ms. Curtis,

 

The International Trade Union Confederation (ITUC) and its Ukrainian affiliates – the Federation of Trade Unions of Ukraine (FPU) and the Confederation of Free Trade Unions of Ukraine (KVPU) – are seriously concerned about draft law No. 2983 “On State Registration of Legal Entities and Individuals – Entrepreneurs and Community Groups”. This draft was brought on the agenda of the Verkhovna Rada of Ukraine and was already approved by the majority of votes at the first hearing on 14 July this year without any consultations and discussion with civil society and trade unions. This law, if adopted, would introduce negative changes to the existing legislation on trade unions and their activities in violation of international labour standards and the legal obligations of Ukraine.

In our view, the adoption of the proposed text would create conditions for weakening of the autonomy of trade unions, restricting their internal democracy and would deprive them of protection from external interference, including by the public authorities. The draft law, in particular, would install a system of authorisation of trade union activities by the means of state registration instead of the notification procedure existing today. There are other problematic areas in the draft law, including the requirement to provide various and excessive information about union founders.

In our view, these and other provisions raise concerns about compliance with ILO Convention 87 on Freedom of Association and Protection of the Right to Organise.

We therefore request from the Office to provide an evaluation and technical assistance on the attached draft law, with a particular focus on changes introduced to articles 7 and 16 of the Law on Trade Unions, Their Rights and Guarantees of their Activity. A comparative table with the current law is also enclosed.

Sincerely yours,

Sharan Burrow Mikhailo Volyneys Grygorii Osoviy

ITUC General Secretary KVPU Chairman FPU President

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