5 November 2015 the Parliament of Ukraine has adopted in the first reading the draft of new Labour Code. As it became clear later, parliament speaker of that time Mr. Volodymyr Groisman has fooled MPs
...insisting that adoption of the Labour Code is EU demand for visa-free regime for the citizens of Ukraine.
Ukrainian trade union and
left-wing activists immediately correctly declared this draft of new Labour Code
as predator and anti-worker one. Also we adopted the decision that independent
trade unions should immediately take part in the work of the Working group of Parliament committee on the issues of
social policy employment and pension provision for making impossible sharp
worsening of the freedoms and rights of workers and trade unions via adoption
of this draft of new Labour Code.
Unfortunately, real picture
was completely different and very unpleasant. The job of the Working group was
absolutely hidden and opaque for Ukrainian society and independent trade
unions, where the representatives of employers and sub-controlled to oligarchic
influences “official” Federation of Trade Unions of Ukraine (FTUU) in fact,
betrayed the interests of wide layers of Ukrainian workers.
Because of extreme cloudiness
of the Labour Code preparation for the second reading Ukrainian society still
doesn’t know, which propositions from the trade unions were taken into account
by the profile committee headed by Mrs. Liudmyla Denysova. At the present time
we have the information that the most blatant and shameful norms of the Labour
Code weren’t change and are being prepared for the voting in the second reading.
Even its brief list is very impressive:
Article 86 of the draft allows the possibility of outrageous mass firing of the employees under the employer’s wish without any
possibilities of their defense свавільних масових скорочень працівників по волі
роботодавця без жодних варіантів їх захисту.
of the draft lets employers to fire workers, which serve financial and material
values “because of losing the confidence”, even if it’s not connected with the
of the draft lets employers to fire the worker, employed in the educational
area for making “immoral deed”, even if this deed took place not at the work.
It’s clear that “morality” and “immorality” will be decided exclusively by
of the draft allows attraction of some categories of the workers to the job in
holiday and festive days without their agreement.
The same Article 158 of the draft deprives the employees of the
double-paying for job on holidays.
of the draft lets the employers to move the workers to other workplace (even to
other city) without their agreement.
of the draft lets the employers to conduct the video and audio surveillance
over the workers during the whole working day, roughly ignoring the basic human
right for private life.
of the draft deprives single mothers of presently existing defense and lets the
employers to roughly fire them because of any reason.
of the draft lets attract women with children to night works, the works on
holiday and festive days and attract them to overtime works, depriving women
with children from the guarantees of defense acting at the present time.
of the draft sets the fact that labour contract is provided to the employee
during 7 days since beginning of the work, i.e. it provokes the employers to
using “fraud” schemes, where the employees will work 6 days for free and then
will not be adopted for the work because “they’re not good enough for this
One of the most blatant points
is the norm of Article 12 of the draft,
where all legislation volume of labour regulation, which falls outside the
limits of the Labour Code, is transferred to so-called “employer normative
acts”, which are adopted exclusively by the employer and should not be
coordinated with trade unions.
Generally trade unions rights
are considerably limited in this draft; and it could lead to immediate
destruction of whole trade union movement in Ukraine because of impossibility of
court and trade union defense from illegal firing. In particular, it’ll be
possible to fire the employee without preliminary agreement of trade union
As many as 52 article of the
Labour Code draft determine the coordination of particular employer’s action
with “trade union committee”, in singular form. Undoubtedly, it’s made for provoke the
employers to establish their “pocket” trade union, consisted on third persons
and “coordinate” with them all important issues of the labour process.
There are also not less
terrible norms f\directed on worsening of labour conditions, including
non-adult children, in the draft of new Labour Code. In particular, it includes
the cancellation of prohibition to the establishment of so-called “probation
term” for the children of from 14 to 15 years old, which will inevitably lead
to increasing of children labour exploitation and distribution of “fraud”
schemes also in this area of labour relations.
The list of all problems of the
draft of new Labour Code looks, under the opinion of roundtable participants,
absolutely boundless. Under our opinion, this draft makes considerably worse
the rights and freedoms of the working people and will lead to its serious
narrowing. This draft received 59 serious reproofs from the ILO, which almost
were not taken into account; and even those minor points, which were taking
into account, have decorative and non-important nature. In accordance with the
Constitution of Ukraine, the Parliament of Ukraine has no right to adopt such
laws, moreover, such “Labour Constitution of Ukraine”.
Thus, we resolutely and
call the Parliament of Ukraine to immediately refuse
of viewing of the draft of new Labour code in the second reading;
call the international left-wing and trade union activists and organizations for solidarity with our struggle against this anti-worker and anti-union draft of new Labour Code;
call all Ukrainian workers for mass protest actions against the adoption of new Labour Code.
have to especially note that in Ukraine the time comes, when all functions of
state and territorial inspections on the labour issues should be transferred to
the controls of trade unions apt to coordination and even election of the
chiefs of lathe labour inspections by trade unions itself as the most
interested and the most objective in the realization of the policy of control
over fulfilling of labour legislation, legislation of people’s employment and
general obligatory state social insurance, including to provide to the trade
unions right to arrange the administrative reports regarding the violations of
labour legislation by the owner or its administration representatives.
by the participants of the Roundtable of trade union and left-wing activists in
Odesa, 10 September 2016 (32 signatures)
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