Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Ukraine

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2004)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2004)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2004)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Not having received supplementary information on the application of Conventions Nos 81 and 129, the Committee reiterates its comments adopted in 2019 and reproduced below.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of these Conventions, received on 29 August 2019.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indication in its report, in response to its previous comments, on the functions entrusted to labour inspectors of the State Labour Service (SLS). The Government indicates that these are: (i) carrying out the controls on compliance with labour legislation; (ii) considering, in accordance with established procedures, appeals from a number of parties concerning possible violations of labour legislation by employers and providing clarifications on the application of labour legislation; (iii) receiving questions from citizens relating to the authority of the departments of the SLS; and (iv) participating in meetings and seminars on matters related to the mandate of the SLS, as well as activities for professional development. The Committee requests the Government to provide further information on the role of labour inspectors in the consideration of appeals of citizens and other parties and questions from citizens, and the proportion of time spent by labour inspectors on these duties. The Committee also once again requests the Government to list any other functions entrusted to “authorized officials” of local authorities, and to indicate the proportion of time spent on any of these additional functions as compared to the time spent on primary duties, as defined under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

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 the Government’s indication, in response to its previous request on promoting dialogue with employers’ and workers’ organizations concerning labour inspection matters, that the SLS has ensured the involvement of representatives of trade union organizations and employers in awareness-raising activities, and held events on state control in various types of business entities. The Government indicates that, as at July 2019, 413 joint events have been held (351 with the participation of trade union representatives, and 62 with employers’ representatives), of which 247 covered state control. The Committee requests the Government to continue to provide information on measures taken to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, including on the extent of participation by authorized officials working as labour inspectors for local authorities in these awareness-raising activities and related events. In addition, noting an absence of information in response to its previous request, 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, in particular as concerns labour inspection powers.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee had previously noted the high turnover rate of staff, with many qualified personnel moving to the private sector, and it has for several years requested information on measures taken in relation to the conditions of service of labour inspectors. The Committee notes that, in response to its previous request on measures taken to attract and maintain qualified staff at the SLS, the Government reiterates that the remuneration of labour inspectors is regulated by the Civil Service Act of Ukraine, as well as 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 provide further information on the conditions of service of labour inspectors as compared with other public officials exercising similar authority, such as tax collectors and the police. The Committee also requests the Government to provide information on the turnover rate of labour inspectors, disaggregated between SLS inspectors and authorized officials working as labour inspectors in local authorities, and on any additional measures taken to ensure that the conditions of service of labour inspectors, including their remuneration and career prospects, are such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

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 notes with interest that, in its response to its previous comments on the notification and recording of occupational accidents and occupational diseases, the Government refers to the adoption of Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019, which approved the Procedure for investigating and recording accidents, and occupational diseases. The Committee notes that this Decision provides for the notification of cases of accidents and acute and chronic occupational diseases to the SLS (sections 6, 8 and 72). The Government also indicates that, pursuant to paragraph 125 of Decision No. 337, the Ministry of Health shall set forth a procedure for the collection and transfer of information regarding cases of acute and chronic occupational diseases to an automated system for reporting and analysis. The Committee requests the Government to provide further information on the implementation of the existing system to notify occupational accidents and diseases to the SLS in practice, and to continue to provide information on the development of an automated system for reporting and analysing cases of occupational diseases, and its impact on the work of the SLS, as well as on authorized officials working as labour inspectors in local authorities.

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 2018 Annual Report of the SLS, communicated with the Government’s report. It notes that this report contains information on the laws and regulations relevant to the work of the inspection service, as well as statistics on the staff of the labour inspection service, on inspection visits, on violations detected and preventative or control measures taken, on occupational accidents, including in agriculture, and on occupational diseases. The Committee notes, however, that the 2018 Annual Report does not appear to contain information on the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81), the penalties imposed by labour inspectors (Article 21(e) of Convention No. 81), or information specific to labour inspection in agriculture other than on occupational accidents, as listed under Article 27(a)–(e) and (g) of Convention No. 129. The Committee requests the Government to continue to publish and transmit the annual reports of the SLS to the Office, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129. The Committee further requests the Government to take the necessary measures to ensure that the annual reports of the SLS contain information on all the subjects listed under Article 21 of Convention No. 81, including in particular Article 21(c) and (e), and under Article 27(a)–(e) and (g) of Convention No. 129.

[The Government is asked to reply in full to the present comments in 2021.]

Labour administration: Convention No. 150

Articles 1, 4 and 9 of the Convention. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee notes the information in the Government’s report concerning the labour inspection functions entrusted to officials of executive authorities of town councils in towns with provincial status and of rural, township and town councils of the united territorial communities, pursuant to amendments to the Local Self-Government Act. The Committee also observes that the regulations of the SLS, approved by Decision No. 96 of the Cabinet of Ministers of 11 February 2015, were amended in 2019, and that these amendments included providing for coordination with the Ministry for Economic Development, Trade and Agriculture of Ukraine. The Committee notes that section 1 of the Regulations of the Ministry for Economic Development, Trade and Agriculture, approved by Decision No. 459 of the Cabinet of Ministers of 20 August 2014 and as amended by Decision No. 838 of 11 September 2019, provides this Ministry with responsibility over the formation and implementation of the state labour policy. The Committee requests the Government to provide further information regarding the coordination of functions and responsibilities within the labour administration system in practice, including between the Government at the national level and officials of executive authorities of town councils and rural and township councils, following these structural changes and reforms. In this respect, the Committee requests the Government to provide an organizational chart of the labour administration system following these reforms, describing the functions of each of the bodies of which it is composed. The Committee also requests the Government to indicate whether the Ministry of Social Policy retains any responsibility for labour administration, and if so, to provide further information on the measures taken to ensure coordination between the Ministry of Social Policy and the Ministry for Economic Development, Trade and Agriculture. As regards labour inspection, the Committee refers the Government to its comments adopted in 2020 on the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 5. Social dialogue. Further to its previous comments concerning the National Tripartite Social and Economic Council, the Committee notes that, according to the observations of the KVPU on the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), the activities of the National Tripartite Social and Economic Council have not been carried out. In the absence of a response from the Government on these observations, the Committee requests the Government to provide its comments in this regard, and to provide information on the National Tripartite Social and Economic Council’s activities, including its participation in legislative developments, the frequency of its meetings, and their outcomes. In addition, the Committee requests the Government to provide further information on the implementation of arrangements for consultation, co-operation and negotiation between the public authorities and the most representative organisations of employers and workers, or, where appropriate, employers' and workers' representatives.

Article 10. Recruitment and training of staff. Material means and financial resources. Following its previous comments on this issue, the Committee notes the Government’s indication regarding the training on communication techniques provided to labour administration staff and social partners in 2019, in the context of the EU–ILO Project “Enhancing the Labour Administration Capacity to Improve Working Conditions and Tackle Undeclared Work”. In the absence of additional information on the budgetary means and human resources allocated to the labour administration services, the Committee requests the Government to provide further information on how it is ensured that labour administration staff have the material means and the financial resources necessary for the effective performance of training and professional development in diverse areas as well as all their other duties. Regarding labour inspection, the Committee refers the Government to its comments adopted in 2020, concerning Articles 7, 10 and 11 of Convention No. 81 and Articles 9, 14 and 15 of Convention No. 129.

[The Government is asked to reply in full to the present comments in 2021.]