Oleksiy Semerun, Chairman of the Trade Union of Railway and Transport Builders of Ukraine, on behalf of the Presidium of the Trade Union Council, sent a letter to Gephard Hafer, Chairman of the Supervisory Board of JSC Ukrzaliznytsia, regarding violations of the law when the Company’s Board decided on certain issues of streamlining the payment of financial assistance for health improvement during the period of martial law.

The appeal emphasizes that the decision of the Board of Directors of 27.06.2024 (extract from the minutes of the meeting No. Ts-82/39 Kom.t) was adopted in gross violation of the legislation of Ukraine, the Sectoral Agreement, collective bargaining agreements of regional branches, branches, structural (production) units of JSC Ukrzaliznytsia. Its norms are inconsistent in content, have discriminatory features and violate the principles of legal certainty, and are socially unjust.

In addition, it was noted that on 27.06.2024, a socio-economic issue affecting the interests of all employees was submitted to the meeting of the Company’s Management Board without notifying the trade union. The decision was made without the consent and participation of the trade union, which violated part. 3 Art. 59 of the Law of Ukraine “On Joint Stock Companies”, para. 117 of the Charter of JSC “Ukrzaliznytsia”, approved by the Resolution of the Cabinet of Ministers of Ukraine of September 02, 2015  № 735, and para. 3.7.5 Sectoral Agreement.

Not being a subject of collective bargaining agreements of regional branches, branches, their structural (production) units, the Management Board by its decision of 27.06.2024, contrary to the requirements of Art. 14 of the Law of Ukraine “On Collective Bargaining Agreements”, unlawfully suspended certain provisions of these collective bargaining agreements that provide for the provision of financial assistance for health improvement.

In violation of Art. 21 of the Law of Ukraine “On Trade Unions, Their Rights and Guarantees of Activity”, the Management Board unilaterally established the conditions, procedure for payment and amount of financial assistance for health improvement, which is included in other incentive and compensation payments, in accordance with orders of JSC “Ukrzaliznytsia”, regional branches, branches, their structural units, and not in accordance with collective agreements as provided by law.

Therefore, the trade union DEMANDS:

– to cancel the illegal decisions of the Board of JSC “Ukrzaliznytsia” dated 27.06.2024 (minutes of the meeting No. Ts-82/39 Kom.t), as well as dated 14.03.2022 (minutes of the meeting No. Ts-54/31 Kom.t);

– to oblige the Management Board, in agreement with the trade union, to decide on the payment of financial assistance for health improvement to the Company’s employees for 2024 on the terms and in the amounts stipulated by the collective agreements of regional branches, branches, and their structural (production) units;

–  to approve the schedule for repayment of arrears of financial assistance for health improvement for 2022-2023 by September 2024.

A similar letter was sent to the Prime Minister of Ukraine Denys Shmyhal.