5+ – No guarantee of rights due to breakdown of the rule of law
The ITUC Global Rights Index

Ukraine

The ITUC affiliates in the Ukraine are the All-Ukrainian Union of Workers’ Solidarity (VOST), the Confederation of Free Trade Unions of Ukraine (KVPU) and the Federation of Trade Unions of Ukraine (FPU).

Ukrainians took to the streets after former president Viktor Yanukovych decided not to sign an association agreement with the European Union in November 2013. Corruption and lack of accountability and weak government institutions were also regarded as underlying causes for the public outcry.
Police responded with excessive violence against the protesters, in particular on Independence Square in Kyiv, where over 100 people were killed between January and February 2014. Yanukovych stepped down and a pro-European interim government was formed on 27 February 2014.
In March 2014, the conflict escalated when paramilitary, widely believed to be from Russia, took control of Crimea and organised a referendum which was not recognised by the UN General Assembly.
The population of Donetsk and Luhansk was prevented by armed groups from exercising their right to vote during the presidential elections of 25 May 2014. The UN Human Rights Monitoring Mission in Ukraine found that the rule of law was replaced by the rule of violence in Donetsk and Luhansk. The regional administration ceased to function effectively along with the police and judiciary. Banks were robbed, coal mines were attacked, with many forced to close. Railways were blown up and salaries, pensions and other social welfare payments were stopped in places under the control of armed groups. Furthermore, the armed groups continued to carry out abductions, physical and psychological torture, ill-treatment and other serious human rights violations. People were abducted for ransom, for forced labour and to be exchanged for fighters held by the Ukrainian authorities.
According to a 2014 report from UN High Commissioner for Human Rights, grave violations of human rights and international humanitarian law were committed.
It is impossible for workers to enjoy their rights in a country where governmental institutions have fundamentally failed to hold those who are responsible for systematic violations of human rights and humanitarian law accountable. Respect for the rule of law is essential when it comes to the protection of the rights of workers.

In practice

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Lengthy process for starting a strike24-09-2014
Non-remittance of union dues24-09-2014

Non-remittance of union dues despite valid collective agreements has been used by employers to undermine unions. For example, the Independent Trade Unions of Coal Miners of Ukraine (NPGU) has not received dues corresponding to 100 000 Hryvnas from the coal mine Velycomostivska.

Interference24-09-2014

Alina Bazarnaya, union official at the company “Volyntorf”, informed the KVPU that the manager of the company took control of the union and was even conducting meetings with members asking for a vote of no confidence against Alina Bazarnaya.

Physical threats 16-12-2013

Physical threats and attacks on trade unionists have regularly been witnessed. In January 2014, Valentyna Korobka, leader of the Free Trade Unions of Entrepreneurs, was attacked near her home and hospitalised. On 16 December 2013 Volodymyr Stepanchenko, leader of the primary trade union at a coal mine in Donets Oblast of Ukraine, was attacked by the coal-mine security when he was giving an interview to a French journalist.

Dismissals without consultation20-08-2013

Petro Garmash, leader of the Independent Trade Union of DonbassAero Company, reported that 724 employees at the company were dismissed from work without consultations with trade unions in violation of the law and an enterprise level collective agreement. Oleg Novikov, the General Director of DonbasAero refused to recognize the collective agreement as an effective document and did not consult the union with regard to staff reduction and dismissals. The union appealed to the General Prosecutor, the Ministry of Social Policy, the Labor Inspection, the Ministry of Internal Affairs, the Ministry of Dues and Taxes and the Ministry of Economy which has not led to any results so far.

Discrimination and trade union harassment03-07-2013

Pavel Efimovich, the head of the primary trade union in Korosten reported that the administration of the locomotive depot discriminated and put pressure on him because of his trade union activities. The KVPU sent an official letter to the Minister of Infrastructure of Ukraine, requesting to investigate the situation and undertake appropriate measures.

Dismissed union leader30-06-2013

The trade union leader of the primary trade union of the NPGU at “Interpipe NTZ” was dismissed without consultation with the union or any justification. An appeal was filed with teh local administrative court.

Union activities are hampered19-05-2013

Sergyi Bizhko, head of the primary trade union of the NPGU “Production Unit - South Machinery Building Plant named after Makarov," reported that management refuses to provide premises for trade union activities. He stated that trade union leaders to do not get time off for trade union activities. The union filed a case with the court.

Breach of collective agreement31-05-2013

Igor Pryzhbylo reported to the Confederation of Free Trade Unions of Ukraine that manamgent of Ordzhonikidzevugillia breached a collective agreement with the Independent Trade Union of Miners of Ukraine (NPGU) in Unokomunarivsk and Vuglegirsk. According to the collective agreement, the company owes the union 214.450,00 Hryvnas for cultural and health activities at the coal-mine Poltavska.

Anti-union dislocations21-03-2013

The Izmail trade port is trying to change the location of the jobs of trade unionists transferring them to remote place without a clear job description. Management refuses to issue a written justification about the transfer. The union is still carrying out consultations with the port administration.

Suspension of trade union activities18-12-2012

The activities of the Confederation of Free Trade Unions of Ukraine (KVPU) in the Zaporojia Oblast region were prohibited by the Zaporojia Regional Administrative Court on 18 December 2012 because the union did not provide its tax declaration on time.

Violence against trade unionists31-10-2012

In October 2012, Valentyna Koroba, the head of the Free Trade Unions of Entrepreneurs of Ukraine was physically attacked by Natalia Boitchenko, manager of the market where she works.

Refusal to bargain in good faith31-10-2012
Infringement of collective agreements30-11-2012

In November 2012, the state enterprise “Selidovugillia” violated the sectoral collective agreement between the Ministry of Energy and Coal Mining Industry of Ukraine and all-Ukrainian trade unions in the coal mining industry by reducing and transferring staff to other work places.

Interference in trade union premises31-07-2012

The management of the “Novodruzhivska” mine of OJSC “Lesechanskvugillya” informed the plant level union in July 2012 that it could not use its premises anymore and that Chairman Marchenka should no longer be its representative.

Interference in trade union activities31-08-2012

Mr. Zavgorodniy R.V., Chairman of the primary trade union of workers in foreign enterprises “Coca-Cola beverages Ukraine Limited” was not permitted to take leave in order to attend an educational seminar provided for KVPU members in April and August 2012.

Anti-union discrimination31-10-2012
Labour laws disregarded31-12-2011

The Ukrainian trade union movement had to fight in 2011 against proposed reforms promoted by the IMF, and against a new draft Labour Code, which would reduce the right of trade unions to protect their members from unfair dismissal. Despite the protests, the new Code looked set to become law in 2012. The minority trade union centres were highly critical of the new law on social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. (which came into force at the beginning of 2011), which in practice excludes minority trade union centres from tripartite social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. at the national level, while the Federation of Trade Unions of Ukraine (FPU) found itself the target of an anti-union campaign. The Chair of the FPU, Vasil Hara, was summoned to the prosecutor’s office in June; the FPU leadership was accused of the illegal privatisation of trade union assets, and the House of Unions in Kiev was searched by the tax police in August. Vasil Hara resigned on 7 November, and was succeeded by Yuri Kulik.

The FPU and the Confederation of Free Trade Unions of Ukraine (KVPU) noted that trade union rights were repeatedly violated.

The KVPU reports numerous cases of pressure against trade union members, union busting union busting Attempts by an employer to prevent the establishment of a trade union or remove an existing union, e.g. by firing union members, challenging unions in court, or by forming a yellow union. , the inefficiency of the courts and law enforcement bodies when the unions turn to them for protection, and the poor enforcement of court decisions. They additionally note that employers resist the establishment of new trade unions, ignore local trade unions and refuse to collect membership dues (using the check-off check-off A system where union dues and fees are automatically deducted by the employer from the workers’ paychecks and then remitted to the respective union. system).

Both the FPU and KVPU suffer from anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

and interference by the public authorities in their trade union activities, and from employers’ failure to respect the right to organise and to bargain collectively.

Collective bargaining losing its effectiveness31-12-2010
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