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Publication date: 14.05.2024
The Committee of the Verkhovna Rada of Ukraine supported the initiative to conduct inspections of employers for cases of mobbing.
The Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of Veterans' Rights considered the feasibility of including the draft Law on Amendments to Article 16 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in Martial Law" on the agenda of the parliamentary session (hereinafter - Law No. 2136) regarding the conduct of inspections in the part of committing mobbing for the register. No. 11044 dated February 28, 2024.
It was noted about a number of problematic issues in the relevant fields and the need to develop the protection of the rights of persons whose legal capacity is limited, in accordance with international standards defined in various documents, such as the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and political rights, the European Social Charter (revised), and the Convention on the Rights of Persons with Disabilities.
As a result of the special report of the Commissioner of the Verkhovna Rada of Ukraine on human rights, the Committee, among other things, will develop recommendations for the Government.
In addition, the Committee recommends that the Verkhovna Rada of Ukraine include in the agenda and adopt as a basis the project of the Law on Amendments to the Law of Ukraine "On the Basics of Internal and Foreign Policy" on the formation of a comprehensive approach to internal policy in the field of veterans under register No. 11007.
The authors of this legislative initiative indicate that the current legislation does not take into account the main principles of domestic policy regarding the comprehensive support of war veterans and other vulnerable categories of the population, and consider it necessary to establish a legislative framework for this.Members of the People's Deputies of Ukraine, members of the Committee, also considered the draft Law on Amendments to Certain Legislative Acts of Ukraine on Reversing the Execution of Court Decisions on the Collection of Wages and Other Payments Related to Labor Relations in the Field of Public Service, under Register No. 9524. The Committee recommends Verkhovna Rada of Ukraine to support this draft law during its first reading.
We would like to remind that mobbing is considered to be the actions of the employer or individual employees of the labor team, which are aimed at humiliating the dignity and honor of the employee, his professional (business) reputation in the form of psychological and/or economic pressure. However, there are many gaps in proving the facts of mobbing in practice. The Committee of the National Association of Lawyers of Ukraine on Labor Law has prepared a digest of judicial practice on the issue of establishing the facts of mobbing in Ukraine.Human rights defenders concluded that mobbing can be:
- creation of a tense, hostile, offensive atmosphere for the employee (threats, ridicule, slander, disparaging remarks, threatening, intimidating, humiliating behavior and other ways of bringing the employee out of psychological balance);
- unjustified negative separation of the employee from the team or his isolation (not being invited to meetings and meetings in which the employee must participate in accordance with local regulations and organizational and administrative acts, preventing him from performing his work function, not allowing the employee to the workplace, transferring the workplace in places unsuitable for this type of work);
– inequality of opportunities for education and career growth;
- unequal pay for work of equal value performed by employees of the same qualifications;
- unjustified deprivation of part of the employee's payments (bonuses, bonuses and other incentives).
It was noted about a number of problematic issues in the relevant spheres and the need to develop in Ukraine the protection of the rights of incapacitated persons and persons whose civil capacity is limited, in accordance with international standards provided for by the Universal Declaration of Human Rights; the European Convention on Human Rights; International Covenant on Civil and Political Rights; European Social Charter (revised); Convention on the Rights of Persons with Disabilities.
Based on the results of the special report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the Committee will, in particular, develop relevant recommendations for the Government.
The Committee also made a decision to recommend that the Verkhovna Rada of Ukraine include in the agenda and adopt, following the results of the consideration in the first reading, the draft Law on Amendments to the Law of Ukraine "On the Basics of Internal and Foreign Policy" on the formation of a comprehensive approach to internal policy in the field of veterans for the register . No. 11007.
The authors of the legislative initiative note that the current version of the Law of Ukraine "On the Principles of Internal and Foreign Policy" does not contain the main principles of internal policy regarding the comprehensive support of war veterans, their family members, family members of fallen (deceased) war veterans, family members of fallen (deceased) Defenders and Defenders of Ukraine, family members of persons who went missing in connection with the armed conflict, military actions, temporary occupation of part of the territory of Ukraine, family members of persons who are in captivity, and injured participants of the Revolution of Dignity."The absence of a legally defined framework and policy priorities regarding war veterans lead to the adoption of contradictory state decisions, the unsystematic formation of the legislative framework," the explanatory note to the draft law states. Therefore, draft Law No. 11007 proposes to determine the basic principles of internal policy in the veterans' sphere, which will lay the foundation for its proper formation and coordinated implementation by central and local state authorities and local self-government bodies.
Members of the People's Deputies of Ukraine - members of the Committee during the meeting also considered a draft law, the development of which the Committee is not the main one, namely: the draft Law on Amendments to Certain Legislative Acts of Ukraine on Reversal of Execution of Court Decisions on Collection of Wages or Other Payments Arising from labor relations in the field of public service according to the register. No. 9524. Based on the results of the review, the Committee decided to recommend to the Parliament, based on the results of the review in the first reading, to adopt it as a basis. The Committee in charge of drafting draft law No. 9524 - the Committee of the Verkhovna Rada of Ukraine on Legal Policy will inform the Committee of this decision in the established manner.In addition, the Committee made changes to its work schedule, including holding public consultations regarding the implementation/non-implementation of decisions of the Constitutional Court of Ukraine in the field of social security, as well as the organization of "round table" meetings on the following topics:
"Social security of persons injured as a result of the Chernobyl disaster: current issues and their solution in the conditions of martial law";
"Possibilities of communities and authorities in implementing an effective system of social protection of the rights of veterans, Defenders of Ukraine and their family members."
Finally, the Head of the Committee, Halyna Tretyakova, emphasized the need to prioritize consideration of draft laws in the social sphere in the hall of the Verkhovna Rada of Ukraine. The head of the Committee called on the People's Deputies of Ukraine - members of the Committee to join the advocacy of draft laws regarding which the Committee made a positive decision at the meetings of the parliamentary factions and the Conciliation Council. "Already 22 important draft laws, on which the Committee made a decision, are awaiting consideration by the Parliament. The Government and the Office of the President prioritized more than 10 of them, Ms. Tretyakova said. - People's deputies of our Committee conscientiously fulfill their duties to society. But this does not lead to the fact that our bills are considered in the hall. The situation is strange."
In particular, draft laws related to the social protection of children who suffered as a result of the Russian Federation's full-scale armed aggression against Ukraine await consideration by the parliament; creation of the State Register of persons injured as a result of the armed aggression of the Russian Federation against Ukraine; identification of pensioners abroad; definition of the concept and procedure for regulating labor relations upon transfer of a business entity; ensuring the rights of persons with disabilities to work, etc.
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Approval of the recommendations of the Committee, which arose after the holding of a "round table" on the topic "Rehabilitation of servicemen and veterans in Ukraine: current state, problems and challenges", which took place on February 29, 2024, and discussion of a partial revision of the Committee's conclusion of January 31, 2024 (minutes No. 174) regarding the expediency of including in the agenda of the eleventh session of the Verkhovna Rada of Ukraine the ninth convocation of the draft Law of Ukraine "On Amendments to the Law of Ukraine "On Monthly Cash Payments to Certain Categories of Citizens" (Reg. No. 10364 dated 12.21.2023) and adoption the conclusion of the Committee regarding consideration of the draft Law of Ukraine "On Amendments to the Law of Ukraine "On Monthly Cash Payments to Certain Categories of Citizens" (reg. No. 10364), submitted by People's Deputies of Ukraine T. Tsiba, Tretyakov G. and other People's Deputies of Ukraine, was postponed.
