Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Administration Convention, 1978 (No. 150) - Ukraine (Ratification: 2004)

The Committee takes note with interest of the Government’s first report on the application of the Convention. It also takes note of the observation received in January 2006, in the Office, from the Confederation of Free Trade Unions of Lugansk Region (KSPLO) alleging failure by the authorities of the city of Zorinsk and the legal successor of the liquidated Nikanor mine to comply with their obligations towards 1,500 workers of this mine. The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95), on the issues raised by KSPLO and to the fact that the dispute has been referred to arbitration.

Part I of the report form. Since the following legislation is not available, the Committee would be grateful if the Government would supply a copy of it to enable a useful evaluation of the extent to which the Convention is applied in law.

–           Law on local state administrations.

–           Law on local self government in Ukraine.

–           Decree of the President of Ukraine of 29 December 2005, No. 1871/2005 on the development of social dialogue in Ukraine.

–           Regulations on the Ministry of Labour and Social Policy of Ukraine (approved by the Decree of the President of Ukraine of 30 August 2000, No. 1035/2000).

–           Regulations on the State Department of Labour Legislation Supervision (approved by the decision of the Cabinet of Ministers of Ukraine of 18 January 2003, No. 50).

–           Regulations on the Ukrainian Coordinating Committee for the Promotion of the Employment among the Population (approved by the decision of the Cabinet of Ministers of 23 May 2003).

The Committee would also like to ask the Government to provide addiitonal information on the following points.

Article 1 of the Convention. While noting the detailed information concerning the bodies involved at different levels in the labour administration, the Committee observes that it is difficult to determine the manner in which the system functions as a whole. It asks the Government to give more particulars of the manner in which the system of labour administration is organized in the country, and to provide an organizational chart of the labour administration system showing organization at the national, regional and local levels.

Article 2. Delegation of certain activities of labour administration to non-governmental organizations, particularly employers’ and workers’ organizations. The Committee notes the indication in the Government’s report that no such activity is delegated to non-governmental organizations. The Government indicates, however, that according to article 259 of the Labour Code, trade unions shall have the right to exercise public control over the observance of the labour legislation. It also refers to article 22 of the Law of Ukraine on trade unions concerning the rights laid down for trade unions and employers’ organizations in the sphere of employment promotion and indicates that the rights and powers of the trade unions in respect of the protection of employees against unemployment and its consequences shall be defined by legislation, collective agreements and contracts. The Committee requests the Government to indicate whether other types of delegation of activities of labour administration exist and to specify the organizations concerned.

Article 3. Noting the information on the labour administration activities that are regulated by direct negotiations between employers’ and workers’ organizations, the Committee would be grateful if the Government would supply more information on the legal impact of the resulting agreements and would provide a copy of the corresponding texts.

Article 4. The Committee would be grateful if the Government would indicate (i) the practical details of the coordination work between the Ministry of Labour and Social Policy and the different directorates within the local state administrations; and (ii) the practical details of the cooperation and coordination between the Ministry of Labour and other bodies, such as the Ministry of Health, entrusted with labour administration activities, at the national and local levels.

Article 5. Consultation, negotiation and cooperation between the public authorities and the most representative organizations of employers and workers at the national, regional and local levels, as well as at the level of the different sectors of economic activities. The Committee notes the indication by the Government that the social partners participate in the management of social insurance funds. This collaboration takes place within the tripartite committees, namely the National Tripartite Social and Economic Council and the Employment Promotion Coordinating Committee. There are also plans for the establishment of tripartite socio-economic councils at the regional and sectoral levels. The Committee asks the Government to indicate to which extent socio-economic councils have become operational in practice at the national and regional levels and to keep the ILO informed of any development as to the establishment of any sectoral tripartite councils.

Article 6. The Committee notes that the main bodies involved in setting employment policy are the Ministry of Labour and Social Policy, ensuring policy coordination, and the Tripartite Employment Promotion Coordinating Committees. The Government also refers to other central bodies of the executive that have responsibilities in the sphere of employment. The Committee would be grateful if the Government would specify these bodies, and give details of their role.

Article 7. Extension of the functions of the system of labour administration to include activities related to the conditions of work and working life of categories of workers who are not, in law, employed persons. The Government is asked to indicate if any of the groups of workers enumerated in this Article are entitled to benefit from any kind of labour administration protection activities.

Article 8. Please state which bodies within the system of labour administration shall contribute to the preparation of national policy concerning international labour affairs, participate in the representation of the State with respect to such affairs and contribute to the preparation of measures to be taken at the national level with respect thereto.

Article 9. Please give details of the means available to the Ministry of Labour to ascertain whether the parastatal agencies, the districts and the municipalities which have the right to self-governance and perform labour administration activities are operating in accordance with national laws and regulations and adhere to the objectives assigned to them.

Article 10. Please continue to provide information concerning the status, composition, education, training, and conditions of recruitment of staff of the labour administration system. Please also describe the material means and the financial resources allocated for the performance of their duties.

Parts III, IV, V and VI of the report form. Please reply in detail to each of the requests formulated.