of Round Table Discussion
«Modernisation of the Labour Market regulation and adaptation of the labour legislation of Ukraine to the EU norms and standards» – Kyiv, November 7, 2016
On the threshold of the Third Meeting of the Civil Society Platform EU-Ukraine (which will be held on November 8-9, 2016 in Kyiv) the participants of the roundtable «Modernisation of the Labour Market regulation and adaptation of the labour legislation of Ukraine to the EU norms and standards», held on November 7, 2016 at the Ministry of Social Policy of Ukraine with the assistance of the Public Council under the Ministry, propose the EU-Ukraine Civil Society Platform to recommend to the Council of the Association after extensive consultation with the public, which should start as soon as possible, to include in the agenda of the Association for 2017 the following steps in fulfilment of obligations of the Parties put by the Agreement:
1. On the part of Ukraine:
1.1. Ensure correspondence of the legislation on social standards (including first of all the subsistence level) with actual reality by bringing their methods of calculation in accordance with the practice of EU.
1.2. Take effective measures to significantly reduce the level of illegal employment, including sham «entrepreneurship», which hides actually existing salaried work, putting as a goal to bring it closer to the level of EU-28.
1.3. Ratify not yet ratified by Ukraine actual Conventions of the International Labour Organisation, in particular – the ILO Conventions №№ 167 Safety and Health in Construction, 168 Employment Promotion and Protection against Unemployment, 170 Convention concerning Safety in the use of Chemicals at Work, 171 Night Work Convention, №172 Working Conditions (Hotels and Restaurants) Convention, 181 Convention concerning Private Employment Agencies, №189 and Domestic Workers Convention.
1.4. Ensure effective implementation of existing legislation on freedom of association and trade union rights, including proper investigation of its profound violations.
1.5. Amend the legislation on trade unions, employers’ organizations, industrial relations and social dialogue in order to bring it in line with the standards of EU and ILO, including encouraging autonomous bargaining between employers and organizations of workers, practical fulfilment of the workers’ rights to strike and involve the new independent trade unions to the official mechanisms of social dialogue.
1.6. Significantly strengthen the institutional capacity of the State Employment Service.
1.7. Significantly increase the institutional capacity of the State Labour Inspection and ensure full implementation of the ILO Conventions №№ 81 and 129.
1.8. Introduce legislation on workers’ information and participation in accordance with the EU Council Directive 94/45/EC of 09.22.1994 and the best practices of the EU member states.
1.9. Initiate a national discussion on the legislative steps to promote investment, aimed at creating stable jobs with decent working conditions.
2. On the part of the EU:
2.1. Provide Ukraine with the technical assistance to implement paragraph 2.1 of these Recommendations, including assessment of conformity of the legislation, which regulates the Labour Market in Ukraine, with the EU norms and standards.
2.2. Assist Ukraine in overcoming the economic consequences of military aggression of the Russian Federation, which led to the loss of national territory and the problem of internal displaced persons.
2.3. Take effective measures to ensure access of Ukrainian SMEs to investment credit from the EU to help it to adapt to the requirements of the European single market, prevent waste of existing and promote creation of new jobs with decent working conditions and fair pay.
2.4. Support the investment activity of the EU enterprises in Ukraine, aimed at creating new jobs with decent working conditions and fair wages, with a special attention to the need to compensate the specific risks, caused by the armed aggression of the Russian Federation.