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RESOLUTION of the Roundtable of trade union and left - wing activists in Odesa, 
10 September 2016     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. Article 92 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 job.     Article 92 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 employer.   
Article 158 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.   Article 65 of the draft lets the employers to move the workers to 
other workplace (even to other city) without their agreement. Article 30 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.    Article 108 of the draft deprives single mothers of 
presently existing defense and lets the employers to roughly fire them because 
of any reason.   Article 291 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.   Article 58 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 job”.      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 
committee.   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 unanimously: ·         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 .     We 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.        Adopted by the participants of the Roundtable of trade 
union and left-wing activists in Odesa, 10 September 2016 (32 signatures)   

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