Ucrania - Social dialogue ignored, collective agreements violated

As the situation in Ukraine’s mining industry continued to deteriorate, the authorities steadfastly ignored the unions and violated the terms of collective agreements. In July 2015 the trade union at the state-owned Krasnoarmiiskvugillia company received a letter from the Ministry of Energy and Coal Mining Industry of Ukraine saying that according to the State Programme for the reform of the coal mining industry, 2015-2020, Krasnoarmiiskvugillia had begun the reorganisation of the Tsentralna and “Stakhanov coal mines. There had been no consultations or discussions with the trade unions either before or during the reorganisation, said the NPGU, in violation of the Sector Agreement.

Also in July, the Independent Trade Union of Coal Miners of Ukraine (NPGU) Primary Trade Union at the joint stock company Kharkivmiskgas reported that collective bargaining rights were being undermined at the company. At least four articles of their Collective Agreement contradicted the Sector Collective Agreement, providing for worse working conditions, contrary to the Labour Code. Management refused to enter into dialogue with the trade union, and instead put pressure on its leaders.

In November Natalia Necheporenko, the head of the NPGU Primary Trade Union at the state enterprise Cherkassytorf, reported that the Ministry of Energy and Coal Mining Industry had issued an order on 24 November 2015 to liquidate Cherkassytorf. There had been no negotiation or agreement on the liquidation order with the trade unions, despite a legal requirement to do so. The NPGU sent an official letter to the Minister requesting that the government abide by the legislation and carry out negotiations with the trade union. There was no reply.

In December the head of the NPGU Primary Trade Union at the Vilnogiskyi mining enterprise reported that Vilnogiskyi employees had been illegally dismissed when the enterprise was transferred to the joint stock company “Crimean Titan”. The new company refused to employ the union leader and some other union activists. Again, there was no negotiation or agreement with the trade union over the transfer of ownership, as required by law.

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