Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

A. Labour inspection

1. Labour Inspection Convention, 1947 (No. 81)

2. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. Regarding its previous request on the role of labour inspectors in the consideration of appeals and questions of citizens and other parties, the Committee notes the Government’s indication in its report that awareness-raising is an integral component of the procedure for monitoring compliance with labour legislation. According to the Government, the time required for such work, for reviewing complaints, and for providing information citizens, is determined based on workers’ actual working situation, and the number of appeals and cases received. The Committee notes the Government’s indication that the State Labour Service (SLS) received 42,660 appeals from workers and employers in 2020. The Committee takes note of this information which addresses its previous request.

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. Regarding its previous comments on measures to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters, the Committee notes the Government’s indication that the Ministry of the Economy communicates every draft law or regulation to the social partners. Regarding the Committee’s previous request for more specific indications on concrete consultations within the National Tripartite Social and Economic Council, the Committee also notes the Government’s statement that a meeting of this Council held in November 2020 discussed organizational matters and set up a tripartite working group to develop legislative initiatives. The Committee requests the Government to continue to provide information on outcomes of concrete consultations undertaken in 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 notes with regret that the Government has not responded to its previous request regarding the turnover rate of staff in the SLS, and the conditions of service of labour inspectors as compared to other public officials exercising similar authority. Nevertheless, the Committee notes the Government’s statement that pursuant to the Civil Service Act and the Regulations on the State Labour Service in Ukraine, approved by Cabinet of Ministers Decree No. 96 of 11 February 2015, as amended, labour inspectors are civil servants and are guaranteed stability of employment, with appointments lasting for an indefinite period. The Committee also takes due note of the Government’s indication that it has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, which would propose increases in the remuneration of labour inspectors, per category, based on their knowledge, experience, and level of responsibility. The Committee requests the Government to provide a copy of this law, once adopted, and to continue to provide information on measures taken to improve the conditions of services of labour inspectors in the SLS. Noting the Government’s reference to the termination of 317 labour inspectors’ licences in 2021, the Committee requests the Government to provide further clarification on the reason for such terminations, and to provide further information on the turnover rate of labour inspectors of the SLS. It once again requests the Government to indicate how the remuneration and conditions of service of labour inspectors compare to those of other public officials exercising similar authority, such as tax collectors and the police.

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 requested information on the implementation in practice of the system to notify occupational accidents and diseases to the SLS, and on the development of an automated system for reporting and analysing cases of occupational diseases. The Committee notes, in this regard, the indication from the Government that the information systems of the SLS for data-processing are outdated and that it plans to resolve this issue with technical assistance from the ILO. The Committee requests the Government to continue to provide information on the progress made in this respect. The Committee once again requests the Government to provide information, including statistics, on the application in practice of the current system to notify occupational accidents and diseases to the SLS.

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 2020 Annual Report of the SLS, communicated with the Government’s report. The Committee welcomes that this report contains information on the subjects covered by Article 21(a)–(f) of Convention No. 81, as well as information specific to agricultural sector on the subjects covered under Article 27(a)–(e) of Convention No. 129. The Committee observes that the report does not appear to contain information on statistics of occupational diseases, including statistics specific to the agricultural sector (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129), or statistics of occupational accidents in the agricultural sector, including their causes (Article 27(f) 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 also cover information on the subjects listed in Article 21(g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129.

B. Labour administration

Labour Administration Convention, 1978 (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 previously requested information on the coordination of functions and responsibilities within the labour administration system in practice, including between the Government and officials of executive authorities of town councils and rural and township councils charged with labour inspection functions. The Committee notes that, according to the Government’s report, following legislative amendments introduced to section 34 of the Local Government Act and to other laws and regulations, local government authorities have been excluded from monitoring compliance with labour legislation. The Committee also notes the Government’s statement that powers and functions regarding state labour policy and labour inspection have been transferred from the Ministry of Social Policy to the Ministry of the Economy. The Government accordingly indicates that the Ministry of the Economy ensures the function of coordinating activities of the SLS. The Committee requests the Government to provide further information on the coordination, in practice, of the responsibilities of different bodies entrusted with functions in labour-related matters within the labour administration system.

Article 5. Social dialogue. Regarding the Committee’s previous comments on whether activities of the National Tripartite Social and Economic Council have been carried out, the Committee welcomes the Government’s statement that the Council held meetings in November 2020 and June 2021, covering discussions on various issues, including decisions on the process to appoint a secretary and chairperson. The Government further indicates that the Secretariat of the National Tripartite Social and Economic Council has been instructed to provide organizational and technical support for the activities of the Steering Committee of the Decent Work Country Programme for the period 2020–24 (DWCP 2020–24). The Committee notes the Government’s statement that the determination of areas for action of the National Tripartite Social and Economic Council for the period 2021–23 is ongoing. The Committee requests the Government to continue to provide information on the National Tripartite Social and Economic Council’s activities and the outcomes of its meetings.

Article 10. Recruitment and training of staff. Material means and financial resources. The Committee notes the information provided by the Government regarding the budget allocated to the SLS for 2021, in response to its previous comments on budgetary means and human resources allocated to the labour administration services. The Committee also notes the Government’s indication regarding the mandatory trainings provided to labour inspectors and various training materials available to them. The Committee takes note of this information which addresses its previous request.