Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

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. In reply to the Committee’s request on the collaboration with employers and workers or their organizations concerning labour inspection matters, the Committee notes the Government’s indication that a cooperation agreement between the Federation of Trade Unions of Ukraine (FTU) and the State Labour Service (SLS) has been adopted. In this respect, the Committee welcomes the establishment of the SLS Board, tripartite consultative and advisory body. The Committee requests the Government, pursuant to the request made by the CAS, to continue to indicate the measures taken to promote effective dialogue with employers’ and workers’ organisations concerning labour inspection matters. It also requests the Government to provide information on the consultations undertaken in other tripartite forums, including the National Tripartite Social and Economic Council, concerning the requirements under the Conventions, particularly labour inspection powers.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comments, the Committee noted the high turnover of staff, and that 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. The Committee notes that the Government, in reply to its previous request, indicates that the status and conditions of service of labour inspectors are the same as those of other public servants. Noting the Government’s indication that the working conditions are the same for all public servants, it requests the Government to indicate the measures taken to attract and maintain qualified staff at the SLS, and further requests the Government to indicate how the salary and benefits structure for labour inspectors compares with that of other public officials exercising similar authority, such as tax collectors and the police.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. The Committee previously noted shortcomings in both the assessment of skills and capacities in the selection process for labour inspectors and the training of labour inspectors after recruitment. The Committee notes that the Government indicates, in reply to the Committee’s request, that training programmes for state labour inspectors are currently being prepared, in the context of the ILO project “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms”. The Committee additionally notes that training is also one of the major components of the new ILO–EU project “Enhancing labour administration capacity to improve working conditions and tackle undeclared work” which covers issues of labour administration, labour inspection and occupational safety and health (OSH). Welcoming that the Government continues to avail itself of ILO technical assistance, including with regards to the training and capacity building of labour inspectors as requested by the CAS, the Committee requests the Government to provide information on the training provided to labour inspectors during the reporting period, including the content and duration of such training and the number of beneficiaries. Noting that the Government has not provided a reply in this respect, it also once again 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.

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 previously noted that there was no well-established and functioning national-level system for notifying and recording occupational accidents and diseases. The Committee notes that the Government provides information on the alignment of the national legislation with the requirements of EU law concerning OSH, but that it has once again not provided the requested information on the progress made concerning the improvement of the current system for the notification of occupational accidents and diseases. The Committee therefore once again requests the Government provide information on 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 that no annual report on the labour inspection activities was communicated to the ILO, but that statistical information is available in a document available on the website of the SLS, including on the number of labour inspections undertaken in 2016, the number of infringements detected, the subject matters to which they most frequently related, and the total amount of penalties imposed. Having previously noted that there are no up-to-date registers of workplaces, the Committee observes that no information is available on the number of workplaces liable to inspection, and the number of occupational diseases. The Committee therefore once again requests that the Government provide information on any measures taken to establish a register of workplaces liable to inspection. Noting the Government’s indication that the SLS will prepare an annual labour inspection report, the Committee hopes that this report will soon be received by the Office pursuant to Article 20(3), and that it will contain full information on all the subjects listed in Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2018.]