Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Ukraine

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

The Committee notes the Government’s report received by the Office on 14 August 2018, as well as the supplementary information received by the Government on 27 November 2018. The latter communication will be examined by the Committee at its next session as it was received too late to be examined at its current session.

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 (labour inspection) and 129 (labour inspection on agriculture) together.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, June 2018)

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 previously noted the establishment of the State Labour Service (SLS), a tripartite consultative and advisory body to reach mutual decisions on the issues for which the SLS is responsible. The Committee notes the Government’s indication, in response to the Committee’s request, that it is planned to sign a new cooperation agreement between the Federation of Trade Unions of Ukraine (FPU) and the SLS in 2018, following on a 2016 agreement which concerned joint educational and compliance initiatives. The Committee requests the Government, pursuant to the request made by the Committee on the Application of Standards (CAS) in 2018, to continue to indicate the measures taken to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, including within the tripartite SLS Board. The Committee also once again requests the Government to provide more specific indications on the concrete consultations undertaken in other tripartite forums, including the National Tripartite Social and Economic Council, as regards 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 had moved to the private sector, including due to the lack of proper working and career conditions. In this respect, the Government indicated that the status and conditions of service of labour inspectors were the same as those of other public servants. It notes that the Government, in response to the Committee’ request, refers to the legislation governing public servants (the Civil Service Act, the State Budget Act and Ministerial Decree No. 15 of 18 January 2017 on Issues Relating to the Remuneration of Employees of State Bodies). The Committee once again requests the Government to indicate the measures taken to attract and maintain qualified staff at the SLS. In this respect, the Committee requests the Government to provide information on the provision of adequate working conditions, to labour inspectors at the SLS, so as to assure their stability of employment and render them independent of changes of government and of improper external influences, including information on wages, benefits structure and of stability of employment in comparison with 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 welcomes the Government’s information, in response to its previous request, regarding the legislation governing the recruitment of public officials (as amended in 2016), which according to the Government’s indications include several stages to assess the characteristics, abilities and professional skills of candidates with a view to selecting the most qualified candidates. The Committee also notes that the Government representative during the CAS discussion recalled that the ILO–EU project “Enhancing labour administration capacity to improve working conditions and tackle undeclared work” includes measures to implement the obligations of the Conventions and selected EU Directives, as well as relevant training on these instruments. The Committee takes note of this information.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease 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 as well as difficulties related to the lack of reporting of accidents and the undertaking of the necessary medical examinations with a view to identifying cases of occupational disease. The Committee notes that the Government refers, in response to its previous request on measures taken to improve this system, to the operation of a software application by the SLS to record information on occupational accidents that require special investigations (that is, accidents involving more than one person, fatal and serious accidents). The Committee requests the Government to provide more detailed information on any measures taken to improve the current system for the notification and recording of occupational accidents, and it requests information on any measures taken in that respect concerning occupational 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 once again no annual report on labour inspection activities was communicated to the ILO, and that the Government has not provided the requested information on the establishment of an up-to-date register of workplaces liable to inspection. It notes however that statistical information is contained in a document available on the website of the SLS, including on the number of labour inspectors, the number of labour inspections undertaken, the number of infringements detected, and the number of occupational accidents reported. The Committee once again requests the Government to provide information on any measures taken to establish a register of workplaces liable to inspection. It also once again requests the Government to ensure that an annual report is sent to the Office pursuant to Article 20(3) of Convention No. 81 and Article 26(3) of Convention No. 129, and that it contains full information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.