Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1, 4 and 9 of the Convention. Technical assistance. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee notes with interest that the Government requested ILO technical assistance in February 2015 for its labour inspection reforms initiated in 2014 with the setting up of a new State Labour Service under the Ministry of Social Policy. The Committee notes that one of the major ILO projects in the context of the ILO technical assistance is “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” which is being implemented within the framework of the Decent Work Programme for Ukraine (2016–19). The Committee requests the Government to indicate the impact of the measures taken or envisaged in the framework of the technical assistance on the organization of an effective and properly coordinated system of labour administration. In this respect, it requests the Committee to provide detailed information and describe any changes to the organizational structure and the functioning of a system of labour administration.

Article 5. Social dialogue. The Committee notes the Government’s reference to the establishment of a permanent body for social dialogue at the national level, the National Tripartite Social and Economic Council, and the information on the conclusion of national, regional and local tripartite agreements (including for specific sectors), as requested by the Committee in its previous comment. According to the information in the ILO needs assessment on the functioning of the State Labour Service (SLS), established in November 2015 at the request of the Government, the Committee notes that a draft law on the establishment of a tripartite advisory council has been prepared and was submitted to the Parliament for discussion and approval. The Committee requests the Government to provide information on the establishment, and where applicable, its composition and functions of the proposed tripartite advisory council and on the relationship between the National Tripartite Social and Economic Council.

Article 6. Employment policy. In its previous comment, the Committee noted that regional state administrations might be entrusted with employment issues and requested the Government to provide information on how the different levels of administration interact. In this respect, the Committee notes the Government’s indication that the formulation and implementation of the national employment policy is undertaken at the central level and that the regional and local employment programmes developed by the local state administration shall be submitted for approval to the Council of Ministers.

The Committee also notes the information provided by the Government concerning the possibility to setting up social dialogue employment promotion coordination committees to prepare coordinated decisions on the implementation of employment policy issues. Concerning the participation of the social partners in the national employment policy, the Committee refers the Government to its comments under the Employment Policy Convention, 1964 (No. 122).

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes the Government’s reference to the Employment Act No. 5067 of 2012, in reply to its previous request on whether categories of workers who are not, according to national law, considered as employed persons, are covered by labour administration services. The Committee notes that pursuant to section 4 of Act No. 5067, certain categories of persons, such as self-employed persons (including farmers on private farms) or non-working persons taking care of disabled children or the elderly shall be entitled to assistance by the Government in finding employment, including vocational training and other services provided for in this Act.

Article 10. Recruitment and training of staff of the labour administration system. In its previous comment, the Committee requested the Government to provide information on the skills development of employees of the labour administration system. In this respect, the Committee notes that the Government indicates that a public servant may take advantage of self-education, and that as a rule, public servants go through training at least once every five years. The Government adds that success in trainings constitutes one of the grounds for promotion. In this context, the Committee also notes the information in the 2015 ILO needs assessment that the material conditions and human resources of the SLS are inadequate. The Committee requests that the Government give an appreciation of the adequacy of the budgetary means and human resources allocated to the labour administration services, including any measures taken in the current reforms to increase these means and resources. The Committee also requests the Government to continue to provide information on further training strategies envisaged by the reforms, including through the ongoing technical assistance project with the ILO.