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

Ukraine

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2004)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Organization of the State Labour Service (SLS). In its previous comment, the Committee noted that the labour inspection services continued to be in a process of re-organization. In this respect, it notes the Government’s indication that the new regulations of the SLS were approved by Ministerial Decision No. 96 of 11 February 2015. The Committee notes that, pursuant to these regulations, the SLS has become the new central labour inspection authority under the Ministry of Social Policy, merging the State Labour Inspectorate, the State Service of Mining Control and Industrial Safety, and the State Sanitary and Epidemiological Service (occupational health and radiation exposure). The Government informs that the SLS is responsible for monitoring compliance with labour conditions, social security and occupational safety and health legislation, including in agriculture and mining. The Committee also notes that the Government has provided the requested organizational chart of the SLS, in reply to the Committee’s previous request, which reflects the central structure, but not the regional structure of the SLS. The Committee requests that the Government provide information on the organization of the SLS throughout its regional structures, and submit an organizational chart of the entire structure of the SLS.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. The Committee notes from the information in the 2015 ILO needs assessment, that the social partners welcomed the efforts recently undertaken by the Government to ensure their participation in matters concerning labour inspection (such as the applicable legislation, the functions and organizational structure of the labour inspection services), and that they expressed the hope that this collaboration will be institutionalized at the central and local level. The Committee requests that the Government provide detailed information on the collaboration with employers and workers or their organizations concerning labour inspection matters.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee noted the high turnover of staff (in 2010, 214 or 26 per cent of all labour inspectors had resigned from their office). According to the information in the 2015 ILO needs assessment, many qualified personnel moved to the private sector, due to the lack of proper working and career conditions and as a consequence of the moratorium introduced between January and June 2015 on labour inspections (pursuant to the Concluding Provisions of Act No. 76 VIII of 28 December 2014 on the repeal of several legislative acts). The Committee once again urges the Government to take measures to ensure that the status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.) of labour inspectors is such as to attract and maintain qualified staff and guarantee their independence and impartiality from improper external influences. The Committee requests that the Government provide information on any measures taken in this regard.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training provided to labour inspectors. It notes the information in the 2015 ILO needs assessment, that there is no selection process providing for the examination of specific technical skills and qualifications, personal and psychological abilities. The 2015 ILO needs assessment, also finds that labour inspectors lack comprehensive training on modern methods of inspection and specialized training for sectors and specific topics, such as child and forced labour. The Committee once again requests that the Government provide information on the content and frequency of training courses and seminars provided to labour inspectors. The Committee also requests the Government to provide information on any measures taken to devise recruitment procedures that are suitable to test the skills, qualifications and aptitudes of candidates for the position of labour inspectors. Where appropriate, the Committee requests that the Government avail itself of technical assistance for this purpose.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee notes the statistics provided by the Government on the staff employed at the central level of the SLS (that is, 158 employees) and the total number of staff of the SLS including at the territorial level (that is, 4,638 employees). According to the information in the 2015 ILO needs assessment, there are currently 1,053 labour inspectors working within the SLS, which according to information gathered during a technical mission in October 2016 now appears to be significantly lower. In this context, the Committee also notes that the 2015 regulations of the SLS (approved by Ministerial Decision No. 96) have conferred numerous tasks on labour inspectors, including beyond their primary tasks.

Having previously noted the insufficient resources allocated to the labour inspection services with concern, the Committee notes with regret that the Government has not provided information any measures taken in this regard. It also notes from the 2015 ILO needs assessment, that the inspection structures lack proper administrative support, resources and equipment, including transport service, registers and appropriate software for registering inspection visits. The Committee notes from the same source that increasing the both human and material resources is essential in order to enhance the number and quality of inspections. The Committee requests that the Government provide information on the measures taken to improve the budgetary situation of the SLS, and improve the material means and human resources of the services throughout its structures. In this respect, the Committee requests that the Government provide information on the number of the labour inspectors working at the central and local levels of the SLS and their conditions of work (offices, office equipment and supplies, measuring tools and photocopiers, transport facilities and reimbursement of travel expenses), and take measures to ensure that they are appropriate for the effective performance of their duties. The Committee also requests that the Government provide an estimate of the time and resources spent on other functions entrusted to labour inspectors and indicate any steps taken or envisaged to ensure that they do not interfere with the primary duties of labour inspectors and impact negatively on the quality of labour inspections.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational diseases to the SLS. The Committee notes that the Government has not provided the requested information on the progress made with the implementation of the National Action Plan for the provision of safe and healthy working conditions and the improvement of the current system for the recording of occupational accidents and diseases. The Committee also notes from the information in the 2015 ILO needs assessment, that there are currently no well-established and functioning national-level systems for notifying and recording occupational accidents and diseases. The Committee requests that the Government provide information on the progress made with the development of the National Action Plan in the area of OSH, including any measures taken to improve the current system for the notification and recording of occupational accidents and diseases.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on labour inspection. The Committee notes the annual report of the work of the SLS for 2015, attached to the Government’s report. The Committee notes from the 2015 ILO needs assessment that there are no up-to-date registers of workplaces, and that the existing data collection systems are not connected with other ministries, such as the Ministry of Finance or the Ministry of Health. The Committee requests that the Government provide information on any measures taken to provide for the establishment of a register of workplaces liable to inspection, so as to enable it to devise targeted labour inspection plans and include the relevant information in the annual reports of the work of the labour inspection services. The Committee trusts that the central labour authority will continue to publish and communicate to the ILO an annual labour inspection report as required by Article 20, containing full information on all the subjects listed in Article 21(a)–(g).

[The Government is asked to supply particulars to the Conference at its 106th Session and to reply in full to the present comments in 2017.]