DRAFT PROGRAMME
SECOND MEETING ON THE NON ACCEPTED PROVISIONS
OF THE EUROPEAN SOCIAL CHARTER
organised by
Council of Europe
and
Ministry of Social Policy of Ukraine
Kyiv, 23 March 2016
Venue: Ministry of Social Policy of Ukraine, 8/10 Esplanadna St., room 1907
Working languages: English and Ukrainian
The meeting is organised within the framework of the procedure provided for by Article 22 of the 1961 Charter on “non-accepted provisions”. It will consist of an exchange of views and information on the provisions not accepted by Ukraine with a view to evaluating the prospects for acceptance of additional provisions. There will also be an exchange of views on the collective complaints procedure.
Background
Ukraine ratified the European Social Charter on 21 December 2006, accepting 74 of its 98 paragraphs. It has not accepted the Collective Complaints procedure.
The first meeting on the non-accepted provisions by Ukraine took place in Kyiv on 29-30 September 2011. On the basis of the information presented at the meeting and the detailed written contribution provided subsequently - in May 2012 - by the Government, the Committee was of the view that there were no significant obstacles in law and in practice to the immediate acceptance by Ukraine of the following provisions of the Charter:
- Article 2§3 - Annual holiday with pay
- Article 12§3 - Development of the social security system
- Article 13§2 - Non-discrimination in the exercise of social and political rights
- Article 13§4 - Specific emergency assistance for non-residents
- Article 19§1 - Assistance and information on migration
- Article 19§2 - Departure, journey and reception
- Article 19§3 - Co-operation between social services of emigration and immigration states
- Article 19§7 - Equality regarding legal proceedings
- Article 19§9 - Transfer of earnings and savings
- Article 19§12 - Teaching mother tongue of migrant
In respect of the following provisions the Committee was not in a position to reach a firm opinion, in particular due to further clarifications being needed on key issues or due to lack of relevant information:
- Article 12§2 - Maintenance of a social security system at a satisfactory level at least equal to that required for ratification of the European Code of Social Security
- Article 13§3 - Prevention, abolition or alleviation of need
- Article 19§5 - Equality regarding taxes and contributions
- Article 19§6 - Family reunion
- Article 19§8 - Guarantees concerning deportation
- Article 19§10 - Equal treatment for the self-employed
With respect to the following provisions it appeared to the Committee that the situation in Ukraine was not fully in compliance with the Charter:
- Article 4§1 - Decent remuneration
- Article 12§1 - Existence of a social security system
- Article 12§4 - Social security of persons moving between states
- Article 13§1 - Adequate assistance for every person in need
- Article 19§4 - Equality regarding employment, right to organise and accommodation
- Article 19§11 - Teaching language of host state
- Article 25 - Right of workers to protection of their claims in the event of insolvency of the employer
- Article 31§3 - Affordable housing
No additional provision has been accepted by Ukraine since the ratification of the Charter.
Draft programme
Moderator: Natalia Popova, Head of the International Relations Department, Ministry of Social Policy of Ukraine
9.30 Opening of the meeting
- Pavlo Rozenko, Minister for Social Policy (to be confirmed)
- Régis Brillat, Executive Secretary of the European Committee of Social Rights, Council of Europe
9.45 Article 2§3 (Annual holiday with pay) and Article 4§1 (Decent remuneration)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Natalia Polyak, Scientific Research Institute
- Oleksandr Tovstenko, Director of the Department for Remuneration and Working Conditions, Ministry of Social Policy of Ukraine
Comments in the light of the Committee’s conclusions and decisions
- Marcin Wujczyk, member of the European Committee of Social Rights
Discussion
10.15 Article 12§§1-4 (Right to social security)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Oleksandr Savenko, Director of the Department for Social Insurance and Partnership, Ministry of Social Policy of Ukraine
- Tatiana Matyuch, Deputy Director of the Department for Pension Security - Head of Division, Ministry of Social Policy of Ukraine
- Diana Rakus, International Relations Department, Ministry of Social Policy of Ukraine
Comments in the light of the Committee’s conclusions and decisions
- Lauri Leppik, General Rapporteur of the European Committee of Social Rights
Discussion
11.00 Coffee break
11.15 Article 13§§1-4 (Right to social and medical assistance)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Natalia Polyak, Scientific Research Institute
- Vitaliy Muzychenko, Director of the Department for Social Assistance, Ministry of Social Policy of Ukraine
- Oksana Sulima, Head for the Elderly and Social Services Department, Ministry of Social Policy of Ukraine
- a Representative from the Ministry for Health of Ukraine (to be confirmed)
Comments in the light of the Committee’s conclusions and decisions
- Lauri Leppik, General Rapporteur of the European Committee of Social Rights
Discussion
12.00 Article 25 (Right of workers to protection of their claims in the event of insolvency of the employer)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Natalia Polyak, Scientific Research Institute
- Oleksandr Tovstenko, Director of the Department for Remuneration and Working Conditions, Ministry of Social Policy of Ukraine
Comments in the light of the Committee’s conclusions and decisions
- Marcin Wujczyk, member of the European Committee of Social Rights
Discussion
12.30 Article 31§3 (Affordable housing)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Natalia Polyak, Scientific Research Institute and a Representative from the Ministry for Regional Development, Building and Housing of Ukraine (to be confirmed)
Comments in the light of the Committee’s conclusions and decisions
- Marcin Wujczyk, member of the European Committee of Social Rights
Discussion
13.00 Lunch break
14.30 Article 19§1 (Assistance and information on migration), Article 19§2 (Departure, journey and reception), Article 19§3 (Co-operation between social services of emigration and immigration states), Article 19§4 (Equality regarding employment, right to organise and accommodation), Article 19§5 (Equality regarding taxes and contributions) and Article 19§6 (Family reunion) Article 19§7 (Equality regarding legal proceedings), Article 19§8 (Guarantees concerning deportation), Article 19§9 (Transfer of earnings and savings), Article 19§10 (Equal treatment for the self-employed), Article 19§11 (Teaching language of host state) and Article 19§12 (Teaching mother tongue of migrant)
Situation in law and in practice in Ukraine, reasons for non-acceptance
- Serhii Kikina, Director of the Department for Labour Market and Employment, Ministry of Social Policy of Ukraine
- a Representative from the State Migration Service of Ukraine (to be confirmed)
- a Representative from the Ministry of Education and Science of Ukraine (to be confirmed)
Comments in the light of the Committee’s conclusions and decisions
- Régis Brillat, Executive Secretary of the European Committee of Social Rights
Discussion
15.30 Coffee break
16.00 The collective complaints procedure
- Introduction by Régis Brillat, Executive Secretary of the European Committee of Social Rights
Progress towards acceptance of the procedure by Ukraine
- comments by Natalia Popova, Head of the International Relations Department, Ministry of Social Policy of Ukraine
Discussion
17.00 Conclusions of the meeting
- Lauri Leppik, General Rapporteur of the European Committee of Social Rights
- Serhii Ustymenko, Vice-Minister for European Integration, Ministry of Social Policy of Ukraine (to be confirmed)