Observation (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.

Technical assistance with a view to strengthening the labour inspection services. The Committee notes with interest that the Government requested ILO technical assistance for support in undertaking its labour inspection reforms initiated in 2014. The Committee notes that, as a result of this request made in February 2015, the ILO has, among other technical activities, established a needs assessment of the current structure of the State Labour Service (SLS) in November 2015 (2015 ILO needs assessment). This makes a number of recommendations on how to improve the effective functioning of the SLS, applying international labour standards and using best practices as a reference. The Committee also notes the information provided by the Government in its report on the initiation of the ILO project on “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” in September 2016 which aims to improve the national legal framework as well as compliance mechanisms, including through the revision of the Regulations of the SLS, the organization of the labour inspection, and the collaboration with the social partners. The Committee requests that the Government provide information on the activities undertaken in the framework of the technical assistance provided and the measures taken to strengthen the labour inspection services in relation to the principles of the Convention.

Articles 12(1)(a) and (b), 15(c) and 16 of Convention No. 81 and Articles 16(1)(a) and (b), 20(c) and 21 of Convention No. 129. Restrictions and limitations to labour inspection. Further to the Committee’s reiterated request to amend Act No. 877-V of 2007 concerning the fundamental principles of state supervision and monitoring of economic activity, so as to bring it into conformity with the abovementioned Articles of the labour inspection Conventions, the Committee welcomes the Government’s indication that further to amendments in 2014, Act No. 877-V of 2007 no longer applies to the activities in the area of labour and employment legislation by the State Labour Inspectorate.

The Committee notes however with deep concern the information provided by the Government in its report on 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), as a result of which there was a significant rise in the number of complaints made to the SLS concerning labour law violations. In this respect the Committee notes with concern that the number of labour inspections between 2011 and 2014 decreased from 42,323 to 21,015 and that in 2015, only 2,704 labour inspection visits were undertaken. The Committee further notes with concern the information provided by the Government that two Bills have recently passed the first reading in the Parliament of Ukraine, namely Bill No. 2418a of 21 July 2015 and Bill No. 3153 of 18 September 2015, which propose to place a fresh moratorium on scheduled inspection visits until 31 December 2016 and thereby restrict state oversight and monitoring of labour law. However, the Committee also notes that an ILO delegation was invited by the Government in the context of a technical mission to Kyiv in October 2016 to attend a hearing in Parliament on the proposed amendments to the Labour Code, which are supposedly intended to bring the Labour Code into conformity with the principles of the Conventions. In this context, the Committee welcomes the fact that, following the mission, the Government has requested informal opinions in relation to three legislative drafts, including on the procedures and regulations concerning labour inspection in the area of working conditions, occupational safety and health and mining. Recalling that a moratorium placed on labour inspection is contrary to the principles of the Convention, the Committee urges the Government to ensure that the proposed amendments to the national legal framework are undertaken with the purpose of bringing the national legislation into conformity with the Conventions and do not introduce restrictions and limitations on labour inspection. The Committee strongly encourages the Government to continue to avail itself of ILO technical assistance for this purpose.

The Committee is raising other matters in a request addressed directly to the Government.

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