Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Ukraine

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

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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 in agriculture) 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. The Committee notes that the Government has not replied to its previous request. The Committee reiterates its request that the Government 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 once again has not responded to its previous request regarding the turnover rate of staff in the State Labour Service (SLS). Regarding the conditions of service of labour inspectors as compared to other public officials exercising similar authority, the Committee notes that the Government provides general information on the wages of labour inspectors. The Committee previously noted the Government’s indication that it 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 Government has not provided information on the progress made in this respect. The Committee notes that according to section 3 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law”, dated 15 March 2022, No. 2136-IX, during the period of martial law, the norms of the Laws of Ukraine “On Civil Service”, ”On Service in Local Self-Government Bodies”, and other legislative acts regulating the activities of civil servants and local self-government officials in terms of relations regulated by this Law, shall not apply. The Committee requests the Government to indicate the status and conditions of service that apply to labour inspectors during the martial law regime. The Committee once again requests the Government to provide information on measures taken to improve the conditions of service of labour inspectors in the SLS, including regarding the progress on the adoption of the draft law. 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, and to provide information on the turnover rate of labour inspectors of the SLS.

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 regret that the Government has not provided information regarding progress made on updating the information systems of the SLS for data-processing regarding occupational accidents and diseases. It notes the adoption of a Resolution on Amendments to the Procedure for Investigation and Registration of Accidents, Occupational Diseases and Accidents at Work, dated 20 January 2023, No. 59 which amends the Procedure for Investigation and Registration of Accidents, Occupational Diseases and Accidents at Work and includes a series of provisions regarding the procedure for investigating accidents during the period of the legal regime of martial law (state of emergency). The Committee requests the Government to provide information, including statistics, on the implementation in practice of the system to notify occupational accidents and diseases to the SLS during the legal regime of martial law, including in agriculture. The Committee reiterates its request that the Government provide information on the progress made updating the information systems of the SLS for data-processing.

Article 15(3) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of complaints. In its observations, the KPVU indicates that Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity does not ensure the absolute confidentiality of the source of any complaint brought to the attention of labour inspectors regarding shortcomings or violations of the law, as labour inspectors are not required to refrain from reporting to the employer or their representative that an inspection was conducted in connection with the receipt of such a complaint. The Committee requests the Government to provide its comments in this respect.

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 2021 Annual Report of the SLS, available on the website of the SLS in Ukrainian. The Committee welcomes that this report appears to contain 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 specifically to the agricultural sector, including their causes (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.

[The Government is asked to reply in full to the present comments in 20 25 .]