Labour Inspection Convention, 1947 (No. 81) - Ukraine (Ratification: 2004)

Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)



Labour Inspection Convention, 1947 (No. 81)

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

A Government representative stated that the commitment for compliance with the Conventions, ratified in 2004, had been reconfirmed by the Government through the European Union (EU)–Ukraine Association Agreement, as well as the free trade agreement between Ukraine and Canada. The Government had taken all the necessary measures to ensure full compliance with these important ILO Conventions, in both law and practice. The measures taken since the discussion in the Conference Committee in 2017 had included, with respect to legal developments: The cancellation of the moratorium on labour inspection visits through the adoption of: (a) the Law of Ukraine on Temporary Peculiarities of Performing State Supervision (Control) Measures in the Sphere of Economic Activity, dated 3 November 2016, No. 1728-VIII; and (b) Ministerial Decree No. 1104 of 18 December 2017 on the approval of the list of supervisory bodies exempt from the scope of the abovementioned law. These amendments had been made to exclude labour inspection, including occupational safety and health (OSH) and mining supervision, from the moratorium on state control. Concerning the Lugansk and Donetsk regions, a moratorium on labour inspection had been introduced for the period of anti-terrorist operations. The ensuing lack of labour inspections had not only led to a significant increase in wage arrears, but also to the significant deterioration of the social and economic conditions in those areas. The State Level Service (SLS) had established a bill to amend Article 3 of the Law on internal measures for the period of anti-terrorist operations dated 2 September 2014, No. 1669-VII, to exempt labour inspection from the scope of that law. The Government would strongly push for the adoption of those amendments, which were currently before Parliament. The Government had also adopted a new procedure for exercising state supervision of labour legislation, by a resolution which had come into force in May 2017. The Ministry of Social Policy had requested ILO technical comments on the resolution, which had concluded that the draft resolution was not in violation of Conventions Nos 81 and 129. The new labour inspection procedure had established fundamentally new approaches to labour inspection functions. During an inspection, labour inspectors had free and independent access. Concerning the alleged absence of planned control measures, state control was carried out in the form of inspection visits and non-visiting inspections, which by their nature were unscheduled control measures. With reference to policy respecting penalties, employers were given the opportunity to comply with the measures ordered by the labour inspectorate within a certain time limit, except for cases concerning undeclared work and the failure to comply with the payment of wages.

With regard to practical measures, the SLS endeavoured to strike a balance between the promotion of compliance and issuing sanctions. Between January and April 2018, the SLS had conducted more than 3,000 inspections and 137 non-visiting inspections of 3,834 enterprises. During inspections, labour inspectors had detected more than 8,000 cases of non-compliance with labour legislation by almost 2,000 employers. Violations had been detected in 74 per cent of all inspections, with three violations on average per enterprise. The greatest number of violations related to the payment of wages, followed by working hours and rest time. The largest share of violations had been detected in the private sector, mostly in the retail and wholesale services. A total of 2,800 compliance notices had been issued by labour inspectors and almost all of them had been strictly followed by employers. The rights of more than 8,000 workers had been re-established. As a result of inspections, more than 1,000 cases of administrative violations had been referred to court or resolved by the labour inspectorate and had resulted in fines being imposed. More than 200 cases had been referred to the law enforcement agencies and 47 cases had been referred for pre-trial investigation. With regard to preventive activities, labour inspectors had been directly involved in awareness-raising activities and the promotion of labour legislation. In 2018, almost 2,000 events nationwide had been undertaken, including more than 1,000 media events. The SLS had received 160 written requests for advice of complying with legislation and had provided advice to almost 6,000 employers on the most effective ways to comply with labour legislation. In the framework of the ILO technical assistance provided at the request of the Government, the SLS had been one of the main beneficiaries. In this context, reference should be made to the ILO project to strengthen the effectiveness of the labour inspection system and social dialogue mechanisms, including the development and implementation of a gender-responsive policy and measures for the recruitment and retention of labour inspectors. Moreover, the Government was working with the ILO to extend the work of the SLS to the informal economy and to establish a functioning model of tripartite dialogue within the labour administration. Starting in November 2017, the ILO–EU project “Enhancing labour administration capacity to improve working conditions and tackle undeclared work” had included measures to implement the obligations of Conventions Nos 81 and 129, selected EU Directives, and training on these Conventions and EU Directives. A variety of safety and health standards were also being reviewed with a view to the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government was committed to making efforts to ensure the adaptation of the legislation, the improvement of management mechanisms, the development of better business conditions and safer working conditions.

The Employer members welcomed the Government’s detailed statement and comprehensive information on the measures taken to address the situation, including those on capacity building and the training of inspectors as well as on awareness-raising campaigns. The Government was invited to provide that information to the Committee of Experts so that it could be analysed at its next session. Since 2010, the Committee of Experts had made six observations on the application by Ukraine of the Conventions. The case had been discussed by the Conference Committee in 2017 as a double-footnoted case. In 2017, the Conference Committee had noted positively the progress achieved in 2016. It had also noted that the ILO had undertaken a needs assessment of the labour inspection system in response to a request by the Government, and a number of recommendations had been made, as well as the ILO project on the strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms launched from September 2016. They had noted with interest that new legislation had entered into force in May 2017, which had had an impact on state supervision and labour inspection. They also welcomed the information provided on what might trigger inspections, and the organization and feedback on engagement with the ILO, and particularly the training of labour inspectors. The Government was encouraged to continue accepting technical assistance to ensure that new and any existing legislation reflected the provisions of Convention No. 81, in particular the requirement for labour inspectors to be public officials, independent of changes of Government and any external influences. They had finally noted that the moratorium had expired and had not been extended. In its conclusions, the Conference Committee had called upon the Government to: (a) provide detailed information on recent legislation enacted regulating the labour inspection system; (b) promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters; (c) continue to avail itself of ILO technical assistance in order to strengthen the capacity and resources of the labour inspection system, in particular with regard to the training and capacity building of labour inspectors; (d) ensure that the status and conditions of service of labour inspectors guaranteed their independence and impartiality in line with the Conventions; and (e) ensure that other functions entrusted to labour inspectors did not interfere with their primary duties and impact negatively on the quality of labour inspections.

The Employer members emphasized at the outset the importance of compliance by member States with the two ILO Conventions on labour inspection. In this regard, they urged the Government to: (a) ensure that recent legislative amendments brought the national legislation into conformity with the Conventions; and (b) ensure that inspections were carried out as often as necessary and were not hampered by a strict regulatory timetable, while recalling that the means used should be proportionate to the legitimate aims pursued (under Article 16 of Convention No. 81 and Article 21 of Convention No. 129). Taking into account new legislation enacted in 2017 and the 2018 amendments, they encouraged the Government to provide detailed information on the measures taken to ensure that the status and conditions of service of labour inspectors guaranteed their independence and impartiality in line with the Conventions; and provide information to the Committee of Experts on how authorized officials working as labour inspectors under the SLS and local authorities were independent from any undue influence, as well as information related to the training received. In this regard, it was important to guarantee the impartiality of inspectors and that their activities were carried out according to law. Therefore, measures to guarantee impartiality should be accompanied by measures to ensure good governance, transparency and accountability of inspectors for their actions. The Government was also encouraged to take measures to ensure that the number of inspectors and the level of resources were appropriate for the effective performance of their duties, as well as measures to strengthen labour inspection in the informal economy. They finally encouraged the Government to continue to avail itself of ILO technical assistance in relation to the ongoing action to strengthen the effectiveness of the labour inspection system and looked forward to receiving information on the results of the ongoing cooperation.

The Worker members recalled that, during the discussion of the case in 2017 as a double-footnoted case, the Committee had invited the Government to ensure that the status and conditions of service of labour inspectors enabled them to be independent and impartial, and that the other tasks assigned to them did not prevent them from carrying out their primary duties, or have a negative impact on the quality of inspections. According to the latest comments by the Committee of Experts, even though the Government had refrained from adopting a new moratorium on labour inspection, the situation had not improved. Several legal and regulatory mechanisms adopted in 2017 limited the work of the labour inspectorate and were contrary to the Conventions, such as: the restrictions on the right of inspectors to conduct inspections without prior notice; the limitations on the frequency of inspections and the power of labour inspectors to initiate legal proceedings without advance warning; and the bill submitted to Parliament, which made it an administrative offence to carry out an inspection without prior notice. Such provisions had been adopted despite the fact that the Conventions gave inspectors the right to conduct inspections without prior notice and as often as necessary. The Government should therefore ensure that the restrictions were not implemented. It should also bring its legislation into conformity with the relevant provisions of the Conventions.

Furthermore, and in the light of the Conventions, the argument that advisory tasks should take precedence over inspections was untenable. The two types of tasks were complementary, and inspectors must have the freedom the carry out one or the other, depending on the situation. The requirement for the inspection system to be placed under the direct and exclusive control of a central authority, which was established in the Conventions, made it possible to ensure the independence of the labour inspectorate from the local authorities, and to facilitate the establishment and application of a uniform policy throughout the territory. Nevertheless, the existence of a central authority did not mean that there was no need to ensure the physical presence of inspection services at the regional and local levels. Such a regional presence was important as it allowed the legislation to be applied in the same way throughout the country and all employers and workers to be placed on an equal footing. It was also vital to ensure the allocation of sufficient budgetary resources to different departments when assigning certain responsibilities to them. The competent authority must also ensure that organizational changes were made in accordance with the provisions of the Conventions. The Worker members recalled the importance of ensuring that inspectors were free from all external influence, and that they had the qualifications and training needed to perform their duties. They asked the Government to provide the information requested by the Committee of Experts on that subject. It was also fundamental to allocate the material and human resources required for inspection, so that inspectors could adequately monitor workplaces. It should be ensured that inspectors were sufficient in number and had adequate resources to perform their tasks efficiently. As emphasized by the Committee of Experts, the issue of material and human resources remained problematic, and the objectives of the Conventions had not been achieved. Ukraine only had 542 inspectors and 223 posts were vacant. The Government should provide the information requested by the Committee of Experts on the subject and take the necessary steps to comply with the Conventions.

The Worker member of Ukraine stated that labour inspection was still being restricted by Act No. 877 of 1 January 2017 concerning the fundamental principles of state supervision and monitoring of economic activity, which was in contradiction of the Conventions. In July 2017, the Parliament had approved at its first reading the Bill on amending certain legislative acts of Ukraine regarding the prevention of unreasonable pressure on businesses by measures of State supervision and monitoring on compliance with labour and employment legislation (Bill No. 6489). The Bill was not aimed at improving State control of labour and employment legislation, as its name might suggest. While the authors of the Bill pretended that there was a need to move from punitive inspection to the prevention and rectification of offences, as well as to address undeclared work and abuses by labour inspectors during inspections, the Bill was in fact trying to restrict State labour control and provide businesses with a possibility to avoid penalties for first violations. The proposed legislative changes were an invitation for businesses to employ undeclared workers without having to fear any consequences. As the employment of undeclared workers was always an intentional offence, there should be no warnings, but dissuasive fines. In other countries, employers which did not hire legal workers were criminally liable, whereas the Bill even proposed to suppress administrative liability. The Bill also introduced administrative responsibility for individuals and officials who made groundless complaints to the State supervision and monitoring authorities about labour law violations. Those proposed changes directly contradicted Convention No. 81, under which national legislation should prohibit the disclosure by labour inspectors of the sources of complaints. Fines for such complaints in the Bill ranged from 50–100 times the minimum wage to 150–300 times the minimum wage, in the event of repeated offences. As the minimum wage in the country was equivalent to €122, workers in the informal sector would simply be afraid to make a complaint to the labour inspectorate in order to not lose their jobs. Currently, almost 4.5 million workers were working illegally, without the formalization of their employment relationship, and more than 100,000 workers had received their wages late.

At the end of 2017, the Cabinet of Ministers had prepared and sent to the Supreme Council a Bill on amending certain legislative acts of Ukraine concerning the establishment of proper safe and healthy working conditions (Bill No. 8045), which provided for State supervision of the legislation on labour protection and hygiene, and State mining supervision. The Bill complied with the requirements of the labour inspection Conventions, as it was proposed to lift the moratorium on labour inspection. A sharp increase in the number of deaths and injuries had occurred between 2017 and 2018 as a result of the moratorium. The Bill also envisaged regulations of on State supervision being issued by the Cabinet of Ministers. In May 2018, the specialized committee of the Supreme Council had recommended to Parliament the adoption of the Bill. He expressed the hope that the Bill would be adopted in the near future. However, attention should also be drawn to the fact that in 2017 the Government had illegally abolished the existing acts on labour protection, which had led to the deterioration of social protection, working conditions and the safety of workers. This was in violation of article 18 of the Act on Labour Protection (Safety and Health) of 14 October 1992, establishing the procedure for the development, adoption and abolition of regulations on labour protection, as the trade unions had not been consulted. The abolition of the laws regulating standards for the issuance of uniforms, special footwear and other personal protective equipment had been made without substituting them with more modern standards. The objective of reducing pressure on business was not justified, in view of the consequences for the health and safety of workers. He expressed the hope that the controversial Bill No. 6489, which was in violation of ILO standards would be withdrawn, and that the regulation of the labour inspectorate would be based on the provisions of Convention No. 81, and not on the interests of a separate group of persons promoting such bills. He pointed out the need to continue and intensify technical assistance to strengthen the capacity of labour inspection, in close cooperation with the social partners.

The Employer member of Cambodia, conveying the position of the Joint Representative Body of Employers at the National Level of Ukraine, referred to Act No. 1774 of 2016 amending Article 34 of the Local Self-Government Act, and the procedure for monitoring compliance with labour legislation, approved in connection with that Act. That legislation had empowered the local authorities to monitor compliance with labour and employment legislation within their territorial jurisdiction, conduct inspections and impose penalties for labour violations and had enabled officials working at the local authority to act as labour inspectors. That was not in conformity with the Conventions, in accordance with which labour inspectors had to be public servants and labour inspections were to be conducted under the supervision and control of a central authority; appropriately qualified technical experts and specialists should be involved in inspections and labour inspectors should receive continued training. In reality, the activities of the local self-government officials endowed with the powers of labour inspectors did not meet the requirements of the Conventions. Local self-government officials were neither controlled by, nor accountable to, the SLS. Moreover, there were often conflicts and confrontation in determining the limits on the powers of the local and central inspectors. Local self-government officials did not undergo the relevant qualification selection and were not under the coordination and methodological support of the SLS. Nor were local self-government officials independent. It was therefore impossible to appeal against the actions of local self-government officials or to hold them responsible for misconduct. Furthermore, there was a duplication of the powers of SLS regional branches and local authorities, resulting in double inspections by two different bodies, creating a burden for employers. In conclusion, she emphasized the need to repeal the above legislation which was in contradiction of the provisions of the Conventions and unreasonably extended the discretionary powers of labour inspectors, defined by these Conventions, to officials of local self-government incapable of effectively performing such functions. This problem could be resolved by adopting Bill No. 6489, which would deprive the local self-government of control functions and the power to impose penalties.

The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Montenegro and Norway, reiterated that effective labour inspection was fundamental to human rights, safe workplaces and decent work. She recalled the political association and economic integration in the framework of the EU–Ukraine Association Agreement and its Deep and Comprehensive Free Trade Area (DCFTA). Ukraine had ratified and committed to implement effectively, in law and practice, the ILO governance Conventions on labour inspection. It was regrettable that, although the Committee had discussed this case last year, the issues remained unresolved. Since 2014, the Government had undertaken reforms to strengthen labour inspection services and the SLS, with technical assistance from the ILO and support from the EU. She welcomed the Government’s exemption of the SLS from the general moratorium on inspections for 2018, and strongly encouraged making this exemption permanent. Furthermore, the preparation of new legislation that would permanently abolish the moratorium on labour inspections, was an important precondition for full compliance with ILO Conventions and the EU–Ukraine Association Agreement, which would send a positive signal to workers and employers regarding the Government’s intention to safeguard working standards. However, certain legislative measures were of great concern, namely Act No. 877 of 1 January 2017 concerning the fundamental principles of state supervision and the monitoring of economic activity and Ministerial Decree No. 295 of 26 April 2017 on the procedure for State control and State supervision of compliance with labour legislation, which drastically restricted labour inspectors’ ability to undertake inspections without prior notice, the frequency of inspections and their discretion to initiate prompt legal proceedings without prior notification. Bill No. 6489 would make unscheduled inspections an administrative offence. The Government was called upon to promptly amend Act No. 877 and Ministerial Decree No. 295 to ensure conformity with the Conventions, and to ensure in practice that no restrictions were imposed on the powers of labour inspectors, including limits on unscheduled inspections. Regarding decentralization of the labour inspection system, the Government must ensure close supervision and coordination by the central authority, the allocation of adequate budgetary resources to authorities performing inspections and the provision of sufficient training to inspectors; it must also provide information on how the new system guaranteed the independence of authorized officials working as inspectors. The Government was encouraged to thoroughly assess the new system and to commit to amending it as appropriate, with ILO technical assistance. Given the 223 vacant labour inspection positions, more information was needed on Government measures to improve the budgetary situation of the SLS, and the material and human resources of the labour inspection services. In light of the highly politicized debate on the adoption of the new Labour Code, the Government was strongly encouraged to take due regard of ILO comments, particularly concerning working conditions, OSH and mining. While remaining committed to constructive engagement and partnership with the Government, she expected it to avail itself of ILO expertise in taking the necessary steps to bring the national labour inspection legislation and practice into conformity with the Conventions.

The Worker member of Sweden, speaking on behalf of the trade unions of the Nordic countries and the United Kingdom, indicated that countries cooperating closely with the EU were expected to comply with international labour standards, including in times of hardship. As many ILO standards concerned occupational safety and health and working conditions, efficient labour inspection was of two-fold interest, both in ensuring compliance with the Conventions, and in securing the proper enforcement of other ILO standards. Since the review of this double-footnoted case the previous year, the EU and Ukraine had launched a project within the framework of the EU–Ukraine Association Agreement that was intended to support reforms in such areas as employment policy, labour market and social protection by enhancing the labour administration capacity to improve working conditions and tackle undeclared work. Through this valuable project, lawmakers and the social partners were working closely to align Ukrainian OSH and labour legislation with EU Directives and ILO Conventions, and to strengthen the capacity of the Ministry of Social Policy and the SLS to implement its labour inspection mandate, with a particular focus on undeclared work. It nonetheless remained important for the ILO to continue to provide technical support and to promote the active participation of the social partners. Just one month after the discussion of the case the previous year, Parliament had approved Bill No. 6489, which would eliminate penalties for first violations of labour legislation regarding undeclared work, introduce administrative penalties for unjustified unscheduled inspections, and would limit the access of labour inspectors to workplaces and the sanctions they could apply. She hoped that those provisions would be corrected. Labour inspection was not a mere formality, but an efficient means of ensuring compliance with applicable standards, fair competition, and a safe and healthy work environment. Therefore, the Government was expected to bring national legislation and practice into conformity with Convention No. 81.

The Government member of the United States indicated that the discussion of the case in 2017 had highlighted a number of legal constraints that had inhibited the carrying out of labour inspections. While there had been reports that the SLS had conducted some complaint-based labour inspections, including some without prior notice, according to other reports, the labour inspectorate was still unable to conduct inspections of its own initiative. The Committee of Experts had pointed to the significant legal restrictions on the activities of the labour inspection services (limitations on the free initiative of labour inspectors to undertake inspections without prior notice, on the frequency of labour inspections). Moreover, the legislative amendments enacted in 2014 required the SLS to seek approval from the Cabinet of Ministers to conduct inspections of businesses with an annual income of less than US$750,000 (which corresponded to 80 per cent of businesses). If enacted, Bill No. 6489 would make the conduct of unscheduled inspections visits an administrative offence. Those legal restrictions severely inhibited the capacity of the labour inspectorate to perform its key functions in the way that was required by the Conventions to most effectively protect workers. The Committee had already called upon the Government to adopt a number of measures to strengthen the capacity of the labour inspectorate; undertake legal reforms to ensure compliance with the Conventions; and, more importantly, ensure that the labour inspectorate was in a position to carry out the critical government function of labour law enforcement. He considered that to implement these recommendations, the Government should be urged to take the necessary measures to ensure that provisions creating legal obstacles to labour inspection were brought into conformity with the Conventions; avail itself of ILO technical assistance to ensure that the competent legislative and administrative authorities understood the obligations under the Conventions; and provide sufficient budgetary and other resources to the labour inspectorate, including by filling outstanding vacancies.

The Worker member of the United States welcomed the fact that Ukraine was not pursuing a nationwide moratorium on labour inspections. Nonetheless, he expressed concern about what seemed to be a regional trend towards weakening labour inspectorates. He also questioned the slow and excessively complex process of reforming the labour inspectorate, which indicated a reluctance to affirm the role of the State to perform labour inspection. One of the main remaining issues was that unannounced inspections were still prohibited, in spite of the fact that the Conventions provided for the right of labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace subject to inspection. While it was positive that some inspections had been carried out as of February 2018, the requirement of advance permission greatly limited the effectiveness of the labour inspection system. Another issue of concern was Bill No. 6489. While the adoption of the Bill was still pending, it provided for the imposition of penalties for complaints which had been found not to have merit, thereby contradicting the spirit of Convention No. 81. Another matter of concern was that the inspectorate lacked adequate resources and technical capacity. Local unions reported that labour inspectors usually had no capacity to investigate cases of workplace injuries or wage arrears. For those reasons, the labour inspectorate needed to be fully empowered, with a mandate, budget, the capacity and confidence in its stature. A moratorium on inspections continued in the country’s conflict zones; those regions were heavily industrialized and the continued moratorium covered a number of particularly dangerous sectors, including the coal, metal and mining sectors, in which hundreds of thousands of workers were employed. The draft legislation to repeal the moratorium had not been approved by Parliament. Ukraine’s economy remained very fragile, and could not afford the adverse impact of shortcuts based on poor safety standards. In order to recover from conflict and from the moratorium on inspections, Ukraine should rebuild its institutions responsible for the vital function of labour inspection and professionalize labour inspectors. Those measures were especially important in high-risk sectors, such as mining, that were central to Ukraine’s economic life.

The Government member of Switzerland supported the statement made on behalf of the European Union and emphasized that the effective functioning of the labour inspection services was essential for labour conditions and workers’ rights to be respected. Such effectiveness also contributed to economic development, including fair competition between companies. Ukrainian legislation put several restrictions on the authority of labour inspectors, including on the frequency of inspections and the right to carry out inspections without notice. In addition, more than 223 inspector positions remained unfilled. It was regrettable that the Committee had to discuss the case again. The Government should therefore: ensure the implementation of legislation in accordance with the obligations established in the Conventions; make sure that national labour inspection services had the necessary human and financial resources to carry out their activities without restriction or interference; modernize inspection procedures and harmonize them with international standards. He emphasized that inspection procedures should be reviewed in consultation and cooperation with the social partners and the private sector.

An observer representing IndustriALL Global Union stated that the moratorium on labour inspection particularly affected workers in mines, where the rate of fatal accidents made them the country’s most dangerous work sector. The 2017 report of the Ukrainian Fund of Social Insurance showed that, as a result of the moratorium on labour inspection, the number of industrial accidents at production sites had substantially increased since 2016. The moratorium on inspections had seriously undermined and dismantled State labour inspection; the total number of inspectors had decreased and many competent specialists had gone. Even after the removal of the ban on labour safety inspections, time would be needed to restore the service to full strength. The problem of lack of staff, and especially of qualified staff, required urgent attention. He referred to recent examples, including in a steel plant, where 90 per cent of the rolling stock was worn out, and an investigation by the State Safety Inspectorate had found 83 violations, including locomotives without functioning brakes. In April 2018, the lives of 240 mining workers had been endangered when they had been trapped 1,000 metres underground for several hours after the local electricity provider had cut the power supply in a mine. Twice in April, electricity had also been cut in 16 different coalmines. The problem of OSH, which was a result of the moratorium on labour inspection, was aggravated by other work-related issues, such as low wages and arrears in the payment of wages. In April 2018, 12,000 members of an industrial affiliate, the Nuclear Power and Industry Workers’ Union of Ukraine, held actions in eight different cities to protest against a State policy of low-energy tariffs, which resulted in low pay for workers. Current wage arrears had amounted to 2.4 billion hryvnias (equal to US$92 million), of which one third concerned coalminers. Certain estimates had found that arrears in the formal economy, when combined with the shadow economy, could easily be double or even triple that amount. The Government needed to urgently address the situation of safety at work, as well as arrears in wages and low wages, a matter made more urgent by its past failure to implement the Committee’s recommendations and observations. Workers expected and demanded appropriate responses from the Government.

The Government representative emphasized that significant progress had been made in resolving the issues regarding labour inspection discussed at the Conference Committee in 2017. Except for the conflict areas of the country, in the rest of the territory, labour inspectors had free access to workplaces and could conduct inspections at any hour of the day or night without previous notice. This was guaranteed by Ministerial Decree No. 295 on certain questions of the implementation of article 259 of the Labour Code and article 34 of the Law on local government of 26 April 2017, as well as legislative changes which had come into effect in 2017. The labour inspection functions carried out by the local authorities were limited to the control of compliance with legal provisions respecting wages. The SLS exercised control in that it had access to the record of the inspection visits carried out by the local authorities (including the workplaces concerned, the actions taken and the penalties imposed). The SLS could not only step in, but had also set up an appeal procedure for enterprises against the actions taken by the local authorities. He emphasized that Bill No. 6489 had been introduced in accordance with the legislative procedure and that other bills existed, including Bill No. 8045 which proposed to lift the moratorium on labour inspection and Bill No. 8101 which proposed to remove the restrictions for labour inspection in the Donetsk and Lugansk regions. These Bills would hopefully soon be considered by Parliament. The late payment of wages in Ukraine was a priority issue for the SLS, and both national labour inspectors and inspectors working in the local authorities were doing all in their power to address that situation. The Government was also currently studying the issue of how to increase the resources for labour inspection, so that labour inspectors could focus on the priority areas of unregistered labour, wage arrears and the failure to pay minimum wages. With regard to the issue of fines, labour inspectors were indeed empowered to issue fines, up to an amount of more than 10,000 hyrvnia (approximately US$382) with regard to undeclared work. In the current difficult times (including the military conflict and efforts to promote the economic development of the country), the Government was trying to strike a balance between preventive measures and the imposition of penalties, intending to be judicious in applying fines. Replies to all requests for information on the measures taken to fully implement the Conventions would be sent for examination by the Committee of Experts.

The Worker members thanked the Government representative for the explanations provided and recalled that the Government had already made a series of commitments during the previous discussion. Not only had those commitments not been honoured, but a series of new violations had been noted. Consequently, the Government was requested to lift all the restrictions imposed on the labour inspectorate, particularly the restriction on conducting an inspection without prior warning and the limits placed on its discretionary power to commence legal proceedings. The provisions that made the conduct of unannounced inspections an administrative offence must also be amended, as they were incompatible with the Conventions. The Government should also provide information regarding the organization of the inspection services and provide for all the necessary guarantees to ensure the independence of inspectors and their ability to fulfil their duties. The Government should also provide sufficient material resources to the labour inspectorate and ensure their good working conditions, remuneration, transport costs and the provision of offices and office supplies. It was also crucial to take the necessary steps to fill the vacant positions. They invited the Government to continue to accept ILO technical assistance to facilitate the implementation of the Committee’s recommendations, in close collaboration with the social partners.

The Employer members welcomed the Government’s and responses to a number of issues, as well as the information on the priorities of the SLS, in particular with regard to the implementation of the two Conventions. Notwithstanding the challenges resulting from the military conflict in certain regions, the Government had taken positive measures to bring the law and practice into conformity with the Conventions. The Government was encouraged to allocate adequate resources for labour inspection and to continue capacity-building activities for labour inspectors. However, there was concern over local government officials and their potential capacity to fill the role of labour inspectors. As already mentioned, measures needed to be taken to ensure the independency, transparency and accountability of inspectors for their actions. They urged the Government to provide information to the Committee of Experts on the recent legislation enacted and on the issues raised, in order to fully measure progress in that regard. Effective dialogue was a very important component of that process. The Government also needed to guarantee the independence of labour inspectors in line with the provisions of the Convention and to ensure that other functions did not interfere with their primary duties or impact negatively on the functions performed. They finally urged the Government to continue to avail itself of ILO technical assistance in order to further strengthen the resources allocated to labour inspection, with specific emphasis on training and capacity building of inspectors.

Conclusions

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

The Committee noted that the labour inspectorate must be given the necessary means to function effectively and independently, and it shall also be placed under the supervision and control of a central authority.

Taking into account the Government’s submissions and the discussion that followed, the Committee recommends the Government to:

- take the necessary measures and appropriate reforms to bring their labour inspection services into line with the provisions of Conventions Nos 81 and 129;

- provide detailed information regarding the restrictions on the powers of labour inspectors contained in Act No. 877 and Ministerial Decree No. 295 and regarding the recent legislation enacted on the labour inspection system;

- promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters;

- ensure that the status and conditions of service of labour inspectors guarantee their independence, transparency, impartiality and accountability in line with the Conventions;

- ensure that the inspection functions of the local authorities are placed under the supervision and control of the State Labour Service; and

- ensure that other functions entrusted to labour inspectors do not interfere with their primary duties and impact negatively on the quality of labour inspections.

The Committee encourages the Government to continue to avail itself of technical assistance in order to strengthen the capacity and resources of the labour inspection system, in particular with regard to the training and capacity building of labour inspectors. The Committee requested that the Government report in detail on the measures taken to implement these recommendations to the next meeting of the Committee of Experts in November 2018.

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



The Government has provided the following written information.

Since 1 January 2017, the Act concerning the fundamental principles of state supervision and monitoring of economic activity has been focusing on state supervision and monitoring of labour and employment legislation. The Act provides for state supervision and monitoring in accordance with the procedures in the Act and taking into account the features of legislation in other sectors and relevant international treaties, notably those relating to state supervision (monitoring) of civil aviation.

Changes introduced to section 34 of the Local Government Act delegate the exercise of state monitoring, including the power to impose fines for violations of the labour and employment legislation, to the local government authorities. Local labour inspectors will also be entitled to establish infringement reports on administrative offences and impose fines for breaches of labour and employment legislation. Cabinet of Ministers Decision No. 295 of 26 April 2017 on the application of section 259 of the Labour Code and of section 34 of the Local Government Act approved the procedure for state monitoring of labour legislation (hereinafter monitoring procedure) and the procedure for state supervision of labour legislation (hereinafter supervision procedure). Once Decision No. 295 will enter into force, the state supervision of labour legislation will be conducted by the National Labour Inspectorate (hereinafter Gostruda) including its regional branches, and by the local authorities (the executive bodies of councils in regional urban centres and in integrated rural and semi-rural territorial communities).

The Decision establishes a new approach to relations between the State and businesses, according to which the main priorities of inspection are prevention and the provision of advice to employers. The monitoring procedure enables employers to request regular information and awareness campaigns by state inspectors concerning the most effective ways to comply with labour regulations, thereby avoiding or remedying violations of labour and employment rights. At the request of employers, so-called “audits” of labour and employment legislation may be undertaken, but the Decision also recommends that state action should be taken only if the employer refuses to address violations. At the same time, the monitoring procedure establishes an effective mechanism for detecting undocumented workers, as the next step in the Government’s battle against money laundering by individual citizens and unscrupulous enterprises. The drafting of the Decision took into account the opinions of ILO experts regarding conformity with the requirements of the Conventions, and regulations were prepared in close collaboration with the social partners.

Reply to direct request

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129 (Organization of the State Labour Service (SLS))

Structure of the Gostruda

Pursuant to the Regulations on Gostruda approved by Decision No. 96 of the Cabinet of Ministers of 11 February 2015, the main tasks of Gostruda are to:

(1) implement the national policy on industrial and occupational safety and health and the handling of explosives; conduct state supervisions in the mining sector; and conduct supervision and monitoring of labour and employment legislation and compulsory insurance concerning the entitlements to benefits of insured persons;

(2) provide integrated management of industrial and occupational safety and health at the national level;

(3) ensure state regulation and monitoring of activities at highly hazardous facilities;

(4) organize and enforce state supervision (monitoring) of operations in the natural gas market relating to the sound technical conditions of the system, assemblies and gas metering equipment and ensure the safe and reliable operations of the plant used by the national transmission system.

Gostruda performs a total of 55 functions in relation to the responsibilities assigned to it. It has 3,636 staff members, of whom 158 work at its central office and 3,478 in its regional branches. About 80 per cent of staff are labour inspectors directly involved in conducting controls. Gostruda has 24 regional branches (including regions, districts, and towns). Its technical units, which are state enterprises under the authority of Gostruda, conduct expert assessments of working conditions and the operation of highly dangerous equipment, and provide other services to ensure occupational safety and the proper functioning of equipment. The main research and guidance centre of Gostruda provides distance-learning material on occupational safety and health to staff and experts; the National Scientific Research Institute for Industrial and Occupational Safety and Health ensures scientific back-up for the national policy; and the magazines Occupational safety and health and Technopolis, publish articles on measures taken, including by Gostruda, to ensure appropriate levels of industrial and occupational safety and health.

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)

On 22 June 2016, Gostruda and the Federation of Trade Unions of Ukraine signed a cooperation agreement to collaborate on joint information and awareness campaigns and monitoring measures. In accordance with the existing legislation, the following bodies have been established within Gostruda:

– the social council, consisting of 26 members representing civil society institutions, is a provisional consultative and advisory body set up with the aim of promoting civil involvement in the formulation and implementation of state policy;

– a board of 17 members, representing workers’ and employers’ organizations at the national level as well as from the central Government, set up as a consultative and advisory body tasked with reaching consensual agreement on matters within the responsibility of Gostruda;

– expert working groups of variable size, established for the purpose of preparing new draft laws and regulations and introducing amendments to existing standards.

At the national level, the main labour administration body concerned with social dialogue is the National Tripartite Social and Economic Council, which was set up as a consultative and advisory body to enable participation of workers, employers and government representatives in formulating and implementing national economic and social policy and in regulating labour, economic and social relations.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129 (Status and conditions of service of labour inspectors)

State labour inspectors are public employees governed by the terms and conditions in the Civil Service Act. Therefore, the working conditions and remuneration of state labour inspectors are in accordance with the State Budget Act, sections 50 to 53 of the Civil Service Act and the Cabinet of Ministers Decree No. 15 of 18 January 2017, on “matters concerning the remuneration of workers in governmental institutions”.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129 (Training of labour inspectors)

In the context of the 2016–19 Decent Work Country Programme for Ukraine, the ILO is implementing a project to strengthen labour inspection systems and social dialogue mechanisms. Currently, a systematic training programme for state labour inspectors is being prepared. By the end of 2017, it is envisaged to launch a pilot version of the programme, to be followed by a review and then full implementation in early 2018.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129 (Material means and human resources to achieve an adequate coverage of workplaces by labour inspection)

As mentioned above, Gostruda has 3,636 employees, including 158 at its central and 3,478 at its regional level. About 80 per cent of its employees are labour inspectors directly involved in conducting controls. In 2017, the actual number of labour inspectors empowered to carry out controls of compliance with labour and employment legislation is 542, and the official number is 765. Gostruda and its regional branches hold regular competitions to fill vacant posts, in accordance with the requirements of the Civil Service Act; they are announced in the relevant publications.

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)

Ukraine has committed itself, under the Ukraine–European Union Association Agreement, to improve its public health service and the safety of working conditions. This will involve a gradual adaptation to the legislation, standards and practices of the European Union (EU) Member States. A modern approach to problem-solving in the sphere of occupational safety and health is required, owing to the poor performance of the existing system. Many countries worldwide now indicate that their principal mechanism for ensuring industrial and occupational safety at the national and regional, individual plant and workplace level, is a monitoring system geared towards the assessment and management of risks to the life and health of workers. The current national legislation on occupational safety and health does not require employers to introduce a risk-oriented approach to their occupational safety and health management. The basic occupational safety and health laws and regulations are provided for in the Code of Labour Laws. Therefore, representatives of Gostruda have participated in a working group attached to the National Supreme Council (Rada) on matters of social policy, employment and pension, as part of the amendment process for the second reading of the draft Labour Code. This draft, in addition to introducing the requirements of the main EU Directive on safety and health (the “Framework Directive” 89/391/EEC), also proposes to implement a number of EU regulations. Once the new Labour Code is adopted, there will remain the considerable task of amending the other laws and regulations governing occupational safety and health.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129 (Annual report on labour inspection)

Gostruda will prepare and submit an annual report on labour inspection, in accordance with the requirements of Article 20.

In addition, before the Committee, a Government representative confirmed that in 2015, at the legislative level, labour inspections in Ukraine had been totally suspended. However, new legislation regulating labour inspection had now been adopted and had entered into force on 1 January 2017. In addition, the Government adopted two important pieces of legislation, namely: (i) the Procedure on State Control over Compliance with Labour Laws; and (ii) the Procedure on State Supervision over Compliance with Labour Laws, which entered into force on 16 May 2017. The Government was concerned to promote the effective functioning of the labour inspection services to ensure compliance with legislation on occupational safety and health (OSH), wages and other matters. Labour inspections could be initiated on the basis of several grounds, including: notification of labour law violations; a claim from an individual with whom employment relations were not duly formalized; a court decision; information obtained from State supervision and monitoring bodies, law enforcement agencies and the labour inspectorate; a trade union organization; or state authorities. The new regulations enabled labour inspection services to operate independently, giving them the right to undertake inspections at any hour of the day, in all types of workplaces that use hired labour. A new system had been established to overcome violations. Employers could not be held liable if they had undertaken steps to rectify a violation following the issuing of a compliance notice, except in cases where they had been using undocumented workers and failed to pay the national minimum wage or did not pay wages on time and in full.

The Government was interested in establishing effective labour inspection services to ensure compliance with the new legislation on the national minimum wage, which had doubled in January 2017, a decision taken in agreement with the organizations of employers and workers, which was also used to strengthen efforts aimed at facilitating the transition from the informal to the formal economy. The ILO’s technical assistance in reforming the labour inspection services had been very welcome. Labour inspection was now also the responsibility of local authorities and could be conducted by public inspectors appointed by trade unions. In this context, it was important that labour inspectors received adequate training enabling them to carry out their work in an appropriate manner. The Government representative of Ukraine thanked the country’s social partners, namely trade unions, for having repeatedly raised the issue of labour inspection and thanked the Conference for having brought this issue to public attention.

The Worker members recalled that labour inspection had been one of the ILO’s primary concerns from the very beginning. This issue was one of the general principles set out in the Treaty of Versailles. It was evident that, without an efficient inspection system, the effectiveness of social norms was left to chance. It would be of no avail to formulate and adopt laws, if there were no inspection body responsible for ensuring their effective application and explaining their substance to the various actors. With regard to the case of Ukraine, the Committee of Experts had made a number of particularly worrying comments on the labour inspection services, which had recently been reorganized. The Government had communicated an organizational chart on the central structure, but had not provided any information on their regional structure. Nevertheless, Conventions Nos 81 and 129 highlighted the importance of labour inspection being placed under the direct and exclusive control of a central authority to ensure its independence in relation to local authorities and to facilitate the development and implementation of a uniform policy throughout the country. It was also essential for the inspection services to be effectively present at the regional and local levels. The presence of labour inspection at the regional level and effective monitoring by a central authority were complementary. The Worker members welcomed the technical assistance provided by the ILO within the framework of the reform of the labour inspection system and called on the Government to avail itself of such assistance as much as possible. With regard to cooperation between the inspection services and employers and workers, the Government’s approach regarding the involvement of the social partners in labour inspection issues should also be welcomed. However, the Government had not provided any information giving a clear idea of the arrangements for such cooperation. Labour inspection could not achieve its objectives without the effective collaboration of employers and workers. In particular, it was essential to guarantee and protect the right of workers to bring violations of the legislation to the attention of the labour inspectorate. The Worker members expressed concern at the establishment of a moratorium on labour inspections from January to June 2015, and the preparation of new texts with a view to the adoption of a further moratorium. In 2010, the Committee of Experts had already noted the adoption of a similar measure. A moratorium on inspections was a serious violation of the Convention and sent a particularly negative signal, as it implied that the enforcement of labour legislation was a minor concern. The Government should therefore be applauded for having abandoned this measure.

The resources allocated to the labour inspection services and labour inspectors reflected the importance attached to the standards and legislation that they were responsible for enforcing. If inspectors did not enjoy an appropriate status and conditions of service, the position of inspector would be less attractive and there would be a reduction in their numbers, as had happened in Ukraine, and their independence and impartiality would also be compromised. Particular attention should also be paid to the indication that labour inspectors in the country were being assigned duties other than those related to labour inspection. It was admittedly true that the Conventions did not prohibit the assignment of other functions to labour inspectors. However, it was imperative to have a clear idea of the volume of work that such functions involved, and to ensure that they did not interfere with the main duties of labour inspectors. The Government should supply detailed information in this regard, and provide the necessary guarantees. Nobody could dispute the fact that Ukraine was faced with a complex situation, due to the armed conflict in part of its territory and the implementation of austerity policies, which were weighing heavily on the country, with a view to securing financing from the International Monetary Fund. Nevertheless, these difficulties should not result in the sacrifice, in the name of austerity, of social justice and the means for its achievement, and particularly labour inspection. Austerity measures that affected such an essential institution were likely to have an even more negative impact on the overall balance of society. In this regard, it was important to recall the section of the Preamble of the ILO Constitution covering universal peace and harmony, and the Declaration of Philadelphia, which affirmed that labour was not a commodity. Nor had the Government provided information on the progress made in the implementation of a national action plan on OSH, particularly regarding the notification of work-related accidents and occupational diseases. It had also failed to supply information on the up-to-date register of workplaces liable to inspection, which allowed for the development of targeted inspection plans and the inclusion of relevant information in annual inspection reports. It was also important to emphasize in this respect that the preventive mission of the labour inspectorate was of particular significance to the economic and social health of the community as a whole, as poor working conditions inevitably led to conflict and difficulties in the workplace, and an increased number of social security claims, particularly for work-related accidents and occupational diseases. The Government was therefore invited to provide the information requested by the Committee of Experts on this subject. The Worker members were convinced that, in challenging times, the best approach was to move towards social justice by enhancing the means for its achievement. This was the only solution to combat poverty and despair.

The Employer members recalled that in 2010, the Committee of Experts had referenced the observations made by the Federation of Trade Unions of Ukraine (FTTU) regarding restrictions and limitations to the supervisory function of labour inspectors, and had noted that several legislative provisions (in particular Act No. 877-V concerning the fundamental principles of state supervision in the area of economic activity adopted on 5 April 2007, as well as the provisions of Cabinet Order 502) violated the Convention. The Committee had also noted that legislation was contemplated to remedy the situation. In 2011, the Committee of Experts noted that the Government had not provided relevant information and requested information on measures taken to ensure compliance with obligations under the Convention. In its 2013 observations, it again requested measures to ensure that Act No. 877-V be amended and requested information on the application of labour inspection in agriculture. Most recently, the Committee noted progress made in 2016, in its joint comments on Conventions Nos 81 and 129, noted with interest the technical assistance provided by the ILO to support the labour inspection reform initiated in 2014. Specifically, the Committee had noted that the ILO had undertaken a needs assessment of the labour inspection system in response to a Government request, and a number of recommendations had been made. The Committee had also positively noted the ILO project on “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” undertaken in September 2016. The Employer members noted with interest the information provided by the Government that new legislation had entered into force in May 2017, which had had an impact on state supervision and labour inspection. They also welcomed information provided on what may trigger inspections, and the organization and feedback on engagement with the ILO, particularly the training of labour inspectors. The Government was also encouraged to continue to accept technical assistance to ensure that new and any existing legislation reflected the provisions of the Convention, in particular, the requirement that labour inspectors be public officials, independent of changes in Government and any external influences. In this regard, improper external influences in the recruitment should be eliminated and measures to ensure qualifications and adequate training for inspectors to perform their duties were encouraged. Reports that the Government had appointed local self-government staff in the role of labour inspectors was noted with concern. The Government was requested to provide information to the Office so that training and qualifications of labour inspection staff could be assessed. The moratorium was an issue that had been raised by the Committee of Experts. The Employer members had noted that the moratorium had now expired and had not been extended. The suspension of labour inspections contravened obligations under the Convention. Information from the Government on the moratorium, including confirmation that it had been lifted was requested. Taking into account the difficult circumstances in the country, they urged the Government to continue to avail itself of ILO technical assistance in order to ensure compliance in law and practice.

The Worker member of Ukraine recalled that, for seven years, the Committee of Experts had been raising issues concerning Ukraine’s compliance with its obligations under Conventions Nos 81 and 129. The Committee of Experts had confirmed the views expressed by the FTUU in 2010 that a number of provisions in Act No. 877-V concerning the fundamental principles of state supervision in the area of economic activity, adopted on 5 April 2007, and the Cabinet Decree providing for temporary restrictions on state supervision and monitoring until the end of 2010 were not in conformity with the Conventions. The Cabinet of Ministers had acknowledged the violations and proposed amendments, but they had not been adopted. In 2015, the authorities had introduced a moratorium on labour inspections. In view of the serious situation concerning workers’ rights, the FTUU, together with the other most representative workers’ organizations, had once again made observations. More than 4 million workers were working illegally without contracts, and more than 100,000 workers were affected by delays in the payment of wages. During the moratorium, the number of complaints submitted both to Gostrud and to trade union organizations had significantly increased. The Government had taken specific steps to improve the situation in terms of monitoring compliance with labour legislation and preventing violations, including the adoption of new legislation, the repeal of the moratorium and the significant increase in the level of fines. The trade unions had supported the request of the Government for ILO technical assistance in reforming the labour inspection services. Many issues remained, including the inadequate number of labour inspectors, the insufficient qualification of inspection team leaders and the paltry wages of labour inspectors, which left them open to corruption. In fact, the Government standard of 3,636 labour inspectors for more than 1.2 million workplaces employing workers was insufficient to guarantee workers’ rights. According to Gostrud, in 2016, of 2,610 vacant positions, only 594 had been filled through new recruitment. Frequent changes to national legislation required systematic training for labour inspectors, including in the use of new technology.

In view of the need to enhance employer compliance with legislation on OSH, labour and employment and social insurance, in 2016 a cooperation agreement had been concluded between the trade unions and the State Labour Service (SLS) to complement State inspections with inspections by trade unions. This had been made possible by the adoption of Decision No. 295 in April 2017, which provided that labour inspections could be carried out on the basis of information received from trade unions, as well as individual workers. However, just days before the start of the 106th Session of the International Labour Conference, the Verkhovna Rada had seen the introduction of a new Bill to amend several laws to avoid excessive pressure on economic entities, including through labour inspection. It had been drafted by some 20 members of Parliament who were lobbying for the interests of enterprises. This was yet another attempt to introduce restrictions to labour inspection and weaken sanctions for employers in violation of labour legislation. One of the innovations was the proposed introduction of administrative liability for persons submitting unfounded complaints of violation of labour legislation. This was a direct breach of Convention No. 81, which provided that labour inspectors should be prohibited from revealing the source of complaints. The Bill particularly affected workers in the informal economy, who were not unionized and were afraid to approach the labour inspection services for fear of losing their jobs. The drafters of the Bill were deliberately trying to scare workers. The Bill also proposed fines ranging from about 850 to 1,700 hryvnia, which might even more than double in the case of repeat offenders. The Federation of Trade Unions of Ukraine (FTUU) had made a very negative assessment of the Bill to parliamentary parties but had received no reply. He requested the Committee to warn the Verkhovna Rada not to adopt the Bill, so as to avoid a negative impact on the application of Conventions Nos 81 and 129. He concluded by stating that further technical assistance was needed.

The Employer member of Ukraine noted that the moratorium in 2015 and the temporary restrictions on inspections in 2010 had been imposed to eliminate corruption in numerous government institutions, and did not only concern the State Labour Service (SLS). At that time, the moratorium had been supported by the national employers’ associations and had had a positive effect on business activity: 100,000 workplaces had been created, including many green workplaces, mostly small and medium-sized enterprises. As the moratorium had been brought to an end, there was no violation of the Conventions. However, some violations of the Conventions had occurred with the adoption of recent changes to the national legislation. Act No. 1774 (6 December 2016) amending section 34 of the Local Government Act had empowered local authorities to monitor compliance with labour and employment legislation within their territorial jurisdiction, to conduct inspections and to impose penalties. This was not in conformity with the Conventions: labour inspectors should be public servants, and labour inspection should be conducted under the supervision and control of a central authority; appropriately qualified technical experts and specialists should be involved in inspections, and labour inspectors should receive continued training. In reality, in Ukraine the activities of the local self-government officials endowed with the powers of labour inspectors did not meet the requirements of the Conventions. Local self-government officials were neither controlled by, nor accountable to, the central competent authority (SLS). Moreover, there were often conflicts and confrontation in determining the limits of the powers of the local and central inspectors. Local self-government officials did not undergo the relevant qualification selection and were not under the coordination and methodological support of the SLS. Nor were local self-government officials independent: they were under the influence of local elites and often could not be impartial. It was therefore impossible to appeal against the actions of the local self-government officials or to hold them responsible for misconduct. He noted that the changes had also created duplication of the powers of SLS regional branches and the local authorities. This had imposed double inspections by two different bodies on employers. He concluded by insisting on the need to repeal the mentioned provisions of the national legislation which in his view contradicted the provisions of the Conventions and unreasonably extended discretionary powers of the labour inspectors, defined by these Conventions, to the officials of local self-government incapable of effectively performing such state functions.

The Government member of Malta, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Georgia, Montenegro, Norway, the former Yugoslav Republic of Macedonia, and Turkey, emphasized the commitment to the EU-Ukraine Association Agreement with its Deep and Comprehensive Free Trade Area (DCFTA), and welcomed the results of the EU-Ukraine summit held in November 2016. The speaker noted with interest the reform initiated by the Government in 2014 to strengthen labour inspection services, and expressed support to the development of the SLS with an important technical assistance project to be implemented by the ILO. Recalling the considerable drop in the number of inspections and significant rise in number of complaints concerning labour law violations when the moratorium was introduced in 2015, he welcomed the lifting of the moratorium for unplanned inspections and strongly encouraged the Government to seek further modernization of its labour inspection system. Recalling the highly politicised debate on the draft Labour Code, he strongly encouraged the Government to pay due regard to the comments provided by the Office, particularly in the area of working conditions, occupational health and safety and mining. Government intentions to include appropriate clauses on non-discrimination in the Labour Code in line with the Association Agreement were welcomed. It was expected that following these consultations, the Government would take the necessary steps to bring national legislation and practice related to labour inspection in conformity with ILO Conventions and that it would continue to avail itself of ILO assistance. The speaker reiterated his commitment to close and constructive engagement and partnership with the Government.

An observer representing the International Trade Union Confederation (ITUC) indicated that recent reforms to the labour inspection system had in fact resulted in the loss of many qualified labour inspectors. Only 3,500 remained to cover 1.2 million enterprises, making it difficult to monitor OSH effectively. Ukraine’s mines were the most dangerous in the world from a technical point of view, with deep shafts and high gas concentrations, among other hazards. Inspections carried out following a fatal accident in March 2017 had revealed thousands of breaches of OSH legislation in mines across the country. Nothing had been done to rectify the situation. The limited possibilities for labour inspections and the high level of corruption meant that tens of thousands of miners risked their lives and health every day. In 2016, the ILO had begun providing support to improve OSH and labour inspection, and a number of measures had been taken with international assistance, but this was not enough. The right of labour inspectors to carry out their duties not only in the event of an accident but also with a view to identifying violations proactively, as provided for in ILO Conventions, should finally be restored in law and practice. Draft amendments to the Labour Code had been examined with the Office, which had identified a number of discrepancies with ILO Conventions; however, so far only 22 of them had been removed. Further consideration of the draft Code was urgently needed, as subsequent amendments proposed had introduced further incompatibilities.

The Worker member of the United States recalled that, in this year’s General Survey, the Committee of Experts had noted that the national OSH programme in Ukraine had included a number of specific measures and targets relating to the mining sector. While this was positive, there was serious concern regarding labour inspection, including considerable reductions in the number of labour inspections and even occasional moratoriums. In the course of one year, the mining authority had performed inspections in only 2.7 per cent of production facilities. Ukraine was second only to China in mining and other industrial accident rates. There were violations of health and safety norms, insufficient preventive measures, and lack of individual security equipment. In March 2017, eight miners had died in the Stepnaya mine, and around 30 had been hospitalized, despite the specific prescriptions that had been issued by the labour inspectors who had visited the mine in November 2016. After that tragedy, the Government had decided to inspect many mining workplaces, discovering more than 2,500 violations. However, nothing had yet been done to correct these situations. The labour inspectorate had to be fully empowered, with a mandate, a budget and the capacity to impose and collect meaningful fines, and corruption had to be addressed. It was vital to resume unannounced workplace inspections and cease current efforts to weaken and suspend inspections in law and in practice simply to present a more “business-friendly” environment. Moreover, the lack of regular and broad inspections had had an impact on social protection schemes and workers’ rights. According to the Ukrainian Parliament Commissioner for Human Rights, this had led to a situation in which a third of the workforce was employed illegally, and about 40 per cent of the wages in the country were paid unofficially without paying taxes or a single social contribution, causing huge losses to the State, pension and other funds of compulsory social insurance. As much as freedom of association was the enabling right for workers to claim their rights, labour inspection was the government function and responsibility that allowed it to fulfil so many of its other obligations to protect and respect rights of workers and citizens.

The Worker member of Sweden speaking on behalf of the Nordic Trade Unions, indicated that the case under discussion fitted well into the context of the debate on the 2017 General Survey concerning occupational health and safety. Compliance with the requirements of the Conventions on labour inspection was not possible when labour inspections were subject to a moratorium. Ukraine had ratified the Conventions only in 2004, and the ratification of a Convention created obligations. Ukraine had reportedly imposed the moratorium on labour inspection to increase its competitiveness and attractiveness. However, that was not an acceptable justification for non-compliance with ratified standards. Labour inspection was not just a formality, but an efficient means for ensuring compliance with applicable standards, and thus fair competition, and to secure a safe and healthy work environment. She therefore expected that Ukraine would bring its national legislation into conformity with the Conventions, and that it would not introduce restrictions and limitations on labour inspection.

An observer representing IndustriALL Global Union stated that occupational health and safety in the majority of enterprises, particularly in state-owned and small and medium-sized enterprises, was close to an emergency-like situation. Despite having ratified Convention No. 81, many bureaucratic obstacles had hindered appropriate implementation, proving that there was inadequate funding and capacity for labour inspection. A systematic lack of financial support had led to the huge deficit of skilled health and safety specialists in all responsible State bodies, including the labour inspectorate. Thanks to the trade unions, some 2,946 health and safety violations had been registered in Ukrainian coal enterprises in 2016. Some 485 accidents in Ukrainian mines had occurred in 2016 alone, which had resulted in the death of 12 miners. Health and safety was chronically underfunded. A joint mission by IndustriALL and the ITUC to Ukraine had taken place in March 2017, whereby concern was expressed about the lack of real social dialogue. She expressed support for the concerns and demands of the Federation of Trade Unions of Ukraine (FTUU), particularly for the Bill passed in May 2017, and urged the Government to fund and give priority to setting up proper programmes to implement health and safety measures, including solid and competent health and safety bodies with highly skilled staff in 2017 and in subsequent years.

The Government member of Switzerland recalled that in recent years, and according to available information, the number of labour inspections in Ukraine had decreased. The role of labour inspection was essential in ensuring protection for workers and the Government was encouraged to ensure the application of labour legislation by means of inspections, in accordance with its obligations under Convention No. 81. Effective and functional inspections contributed not only to decent working conditions, but also to economic development and fair competition among enterprises. The Government was invited to modernize its inspection procedures and to bring them into line with international standards, in consultation and cooperation with the social partners and the private sector.

The Government representative noted that the criticism which had been voiced by the Ukrainian employers and workers reflected the internal processes under way in the country. He recalled that Parliament was a body that was not subject to the will of the Government, that employers’ organizations had lobbyists in Parliament, who could exert influence on its decisions, and on the adoption of legislation, by virtue of which all, including the Government, workers and employers, needed to abide. The Government was keen to establish effective labour inspection services that had adequate powers. He emphasized that full account would be taken of the criticisms expressed by the employers concerning the alleged inadequacy of the current legislation to ensure the effective functioning of labour inspection services and that relevant measures would be taken. Currently, about 3,500 labour inspectors worked at the labour inspectorate as public servants. Before its summer break, Parliament was planning to discuss the legislation on local government, which would also cover public labour services undertaken by the local authorities. The Government entirely agreed with the Worker representatives about the need for more funding and proper training of labour inspectors. He concluded by saying that his Government had welcomed the ILO technical assistance, which had made a significant contribution to the effective functioning of the labour inspectorate. He noted that a number of issues had been discussed in the framework of this assistance, such as the training of labour inspectors, and expressed hope that already next year, his Government would be in a position to report to the Committee of Experts on positive developments in relation to labour inspection.

The Employer members expressed their appreciation concerning the response of the Government on some of the specific issues raised during the discussion. The statements made by the Worker and Employer members from Ukraine had provided further insight into the national situation. It was clear that progress had been made, although the situation was not perfect. They welcomed the Government’s willingness to continue to engage with the national workers’ and employers’ organizations, and to avail itself of ILO support to continue to improve the labour inspection services and the training of labour inspectors. Information was requested from the Government on: (1) the legislation that had entered into force in May 2017, particularly with regard to its impact on labour inspection; (2) confirmation that the moratorium had not in any way been extended; and (3) the circumstances surrounding the moratorium and the relevant vote in Parliament. The positive engagement between the ILO, the Government and the social partners was the first of many steps to ensure a well-functioning and well trained labour inspection service.

The Worker members thanked the Government for its explanations, which showed its willingness to implement the Conventions, and suggested that it continue to avail itself of technical assistance from the Office within the framework of labour inspection reform. The Worker members were waiting for specific action from the Government to ensure that employers and workers were effectively involved in that process. The right of workers to file complaints, including on an anonymous basis, must be ensured, as well as their protection in exercising that right. Furthermore, the Government must firmly commit no longer to resort to measures such as a moratorium on inspections and to provide the Committee of Experts with information in that regard. Equally, in order to enable the labour inspectorate to carry out its advisory and supervisory duties, the Government must allocate more resources to it, including by increasing the number of inspectors, improving their training and ensuring that they received adequate remuneration. Inspectors must have the necessary leeway to carry out inspections, especially in high-risk industries. Lastly, the Government must make further efforts to implement a national action plan on occupational safety and health.

Conclusions

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

Taking into account the discussion, the Committee called upon the Government of Ukraine to:

- provide detailed information regarding recent legislation enacted on the regulation of the labour inspection system, including providing a copy of the same for analysis and consideration in relation to the application of Conventions Nos 81 and 129;

- promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters;

- continue to avail itself of ILO technical assistance in order to strengthen the capacity and resources of the labour inspection system, in particular with regards to the training and capacity building of labour inspectors;

- ensure that the status and conditions of service of labour inspectors guarantee their independence and impartiality in line with the Conventions;

- ensure that other functions entrusted to labour inspectors do not interfere with their primary duties and impact negatively on the quality of labour inspections.

In view of the information provided by the Government about the expiration of the moratorium placed on labour inspection, the Committee calls upon the Government to refrain from imposing any such restrictions on labour inspection in the future.

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

Previous comment

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 .]

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

Previous comment

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.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 31 August 2023.

The Committee notes the extremely difficult situation in the country since 24 February 2022.

Articles 1 and 4 of Convention No. 81 and Articles 3 and 7 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. Further to its previous comment, the Committee notes the Resolution of the Cabinet of Ministers of Ukraine of January 12, 2022, No. 14 “Some Issues of Territorial Bodies of the State Labor Service” (Resolution No. 14) which provides for the liquidation of the territorial bodies of the State Labour Service (SLS) and the establishment of new interregional territorial bodies of the SLS. The Resolution indicates that the territorial bodies of the SLS which are liquidated continue to exercise the powers and functions assigned to them, until the completion of the implementation of measures related to the formation of interregional territorial bodies and the adoption of a decision ensuring the exercise by such bodies of the powers and functions previously exercised by the territorial bodies. Noting the absence of information on this matter, the Committee reiterates its request that the Government indicate the nature and scope of the power of inspection envisaged under section 17 of the Local Government Act, which refers to local self-government bodies’ ability to control compliance with labour and employment legislation and to carry out certain inspections, and that the Government provide information, including examples, of how this power of compliance and inspection is implemented in practice, indicating as well the effects of this power on the activities of SLS in monitoring compliance and issuing fines. The Committee requests the Government to keep it informed regarding the progress made on the formation of interregional territorial bodies of the SLS and measures ensuring the exercise of the functions previously attributed to the now liquidated territorial bodies.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee notes the Government’s indication that: (i) a new maximum number of employees of the central office and the territorial authorities of the SLS was approved through Resolution No. 14; (ii) there has been a decrease in the number of labour inspectors of the SLS, from 1,119 officers for 1,800 existing posts in 2022, to 885 for 2,086 existing posts in 2023; (iii) with regards to the territorial authorities of the SLS, employees decreased from 2,537 for 3,478 existing posts in 2021, to 2,402 for 3,478 existing posts in 2022 and to 2017 for 3,463 existing posts in 2023. The Committee notes that the Government does not indicate how many of these officers are labour inspectors; and (iv) the budget allocations of the SLS decreased by approximately 20 per cent from 490,306.3 thousand Ukrainian hryvnias (UAH) in 2022 to 397,148.1 thousand UAH in 2023. The Committee notes that, apart from the budget allocations, the Government does not provide other information on measures taken to provide sufficient material resources to labour inspectors. The Committee requests the Government to continue to provide information on the number of labour inspectors employed by the SLS and the number of available posts.In this respect, it requests the Government to indicate the number of employees of the territorial authorities of the SLS that are labour inspectors or conduct labour inspection activities, including in agriculture. The Committee requests the Government to pursue its efforts to fill the vacant posts, noting that over half the labour inspector posts are now unfilled. The Committee once again requests the Government to provide detailed information on the measures taken to provide sufficient material resources to labour inspectors, including offices, office equipment and supplies, transport facilities and reimbursement of travel expenses, at the central and local levels of the SLS.

Articles 12(1), 16, and 17 of Convention No. 81 and Articles 16(1), 21, and 22 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on Labour Inspection. The Committee notes that the moratorium on labour inspection which was imposed in the context of the COVID-19 pandemic is no longer applicable. The Government indicates that pursuant to paragraph 1 of Resolution of the Cabinet of Ministers of Ukraine of March 13, 2022 No. 303 “On Termination of Measures of State Supervision (Control) and State Market Supervision in the Conditions of Martial Law” (Resolution No. 303), it decided to suspend scheduled and unscheduled state supervision (control) and state market supervision for the period of martial law imposed by Decree of the President of Ukraine of February 24, 2022 No. 64 “On the Introduction of Martial Law in Ukraine”. In this respect, the Committee notes that paragraph 2 of Resolution No. 303 exceptionally allows the implementation of unscheduled measures of state supervision on the basis of decisions of central executive bodies in the presence of a threat that has a negative impact on the rights, legitimate interests, life and health of a person, protection of the environment and ensuring the security of the state, as well as for the fulfilment of Ukraine’s international obligations during the period of martial law regime. Furthermore, the Government indicates that the Law of Ukraine “On the Organization of Labor Relations under Martial Law” of March 15, 2022 No. 2136-IX (Law No. 2136-IX) stipulates that during the period of martial law, the SLS and its territorial bodies may, at the request of an employee or trade union, carry out unscheduled measures of state supervision over compliance with labor legislation by legal entities, regardless of ownership, type of activity, business, and individuals using hired labor, in terms of compliance with the requirements of this Law, as well as to identify unregistered labor. In its observations, the KVPU, indicates that according to the Law “On Amendments to Certain Legislative Acts of Ukraine Regarding the Optimization of Labor Relations” of 1 July 2022 No. 2352-IX, the SLS was indeed allowed to carry out unscheduled inspections, however exclusively on a limited range of issues regarding: the legality of the termination of employment contracts; compliance with the requirements of Law No. 2136-IX; and detection of informal labour relations. While recognizing the extraordinary nature of, and particular challenges linked to the current situation, the Committee refers to its 2019 general observation on the labour inspection Conventions and recalls that a moratorium placed on labour inspection substantially undermines the inherent functioning of the labour inspection system and is contrary to the Conventions. The Committee requests the Government to provide its comments with respect to the observations of the KVPU. The Committee urges the Government to eliminate the current restrictions imposed on labour inspections and to ensure that labour inspectors, including in agriculture, are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee requests the Government to ensure that no moratorium on labour inspections be placed in the future. The Committee also requests the Government to provide detailed statistics on the number of inspection visits carried out by the SLS during the period of the martial law, if possible disaggregated by type of inspection, region and sector.

2. Other restrictions. The Committee once again notes with deep concern that previously observed restrictions imposed by Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V) on the powers of labour inspectors with regard to the time, scope and duration of inspections visits, their ability to undertake inspection without previous notice, and the measures they can take against violations, are still in place. It notes in this regard that the Law No. 2352-IX indicates that unscheduled measures of state supervision allowed under the Martial Law should be carried out in accordance with the procedure established by the Act No. 877-V. In this respect, in its observations, the KVPU reiterates its concerns regarding the limitations on labour inspection activities imposed by the Act No. 877-V, and in particular the requirement that labour inspectors provide previous notice (of time and their presence) of their visit; the requirement that the inspection must be carried out in the presence of the manager or his deputy, or an authorized person of the business entity; and the requirement that the inspection must be carried out during working hours of the business entity, established by the rules of the internal labour regulations. According to the KVPU, these limitations hinder the proper and timely inspections, disregarding the relevant principles of the Convention. In this respect, it highlights the need to exclude labour inspection from the scope of the Act No. 877-V. The Committee recalls once again that restrictions on labour inspectors’ ability to conduct inspection visits without previous notice, at any hour of the day or night, in workplaces liable to inspection; and on inspectors’ ability to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure effective application of legal provisions, violate the Conventions. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee once again strongly urges the Government to promptly take all necessary measures to bring its national legislation into conformity with the provisions of Conventions Nos 81 and 129. In particular, the Committee once again strongly urges the Government to ensure that any future legislative amendments and laws with an impact on labour inspection are in full conformity with Articles 12, 16, 17 of Convention No. 81 and Articles 16, 21, 22 of Convention No. 129. It requests the Government to keep it informed of any legislative developments in this respect.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties imposed and effectively enforced. In its previous comments, the Committee noted the Government’s indication that legislative amendments to the Labour Code reduced the size of fines provided for labour law violations in the Labour Code. The Government indicates that section 16 of Law No. 2136-IX stipulates that during the period of martial law, the fines set under section 265 of the Labor Code shall not apply, provided that the employer fully complies with the orders to eliminate violations identified during unscheduled state supervision measures, within the established timeframe. The Committee recalls that, under Article 18 of Convention No. 81 and Article 24 of Convention No. 129, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided by national laws or regulations and effectively enforced. The Committeerequests the Government to indicate how section 16 of Law No. 2136-IX is applied in practice. It requests the Government to provide information on the measures taken or envisaged to ensure that the level of fines and other penalties for labour law violations are sufficiently dissuasive. While noting the extremely difficult situation in the country, the Committee requests the Government to provide detailed information on the number of violations detected, the number of infringement reports issued, the number of cases brought to the courts, and the penalties subsequently imposed, during the period of the martial law regime.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 202 5 .]

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

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.

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

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.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 25 August 2021. It also notes the observations of the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, communicated with the Government’s report, and the response of the Government thereto.

Articles 4, 6 and 7 of Convention No. 81 and Articles 7, 8 and 9 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted that local authorities assumed labour inspection functions, in addition to the State Labour Service (SLS), and urged the Government to indicate the measures taken to place the inspection functions of the local authorities under the supervision and control of the SLS. In this regard, the Committee takes due note that, according to the Government’s report, legislative amendments introduced in 2021, including to section 34 of the Local Government Act, exclude local government authorities from monitoring compliance with labour legislation and issuing fines for labour law violations. The Government indicates that accordingly, labour inspection is now carried out exclusively by the SLS. Nevertheless, the Committee observes that section 17 of the Local Government Act, as amended, refers to the ability of local self-government bodies in the exercise of powers to control compliance with labour and employment legislation, to carry out inspections that do not belong to measures of state supervision, at certain enterprises, institutions and organizations. The Committee requests the Government to indicate the nature and scope of the power of inspection envisaged under section 17 of the Local Government Act, and to provide information, including examples, of how this power of inspection is implemented in practice.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously noted an increase in the number of labour inspectors from 615 in 2018 to 710 in 2019, for 1,003 existing posts, and urged the Government to pursue its efforts to fill the vacant posts. In this regard, the Committee notes the Government’s statement, that as at July 2021, 1,125 labour inspectors work for the SLS. Regarding its previous request for the Government to take measures to provide sufficient material resources for the SLS, the Committee notes the Government’s indication that labour inspectors are provided with office equipment and have their expenses covered, in accordance with the allocation of budgetary funds. The Committee requests the Government to provide further information on the measures taken to provide sufficient material resources to labour inspectors, including offices, office equipment and supplies, transport facilities and reimbursement of travel expenses, at the central and local levels of the SLS. It also requests the Government to continue to indicate the number of labour inspectors employed by the SLS and the number of available posts at the SLS.

Articles 12(1), 16, 17 and 18 of Convention No. 81 and Articles 16(1), 21, 22 and 24 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted the expiry of the moratorium on state supervision on 1 January 2019 and expressed the firm hope that no further restrictions of this nature would be placed on labour inspection in the future. In this respect, the Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, a moratorium has been imposed on planned inspections in businesses considered to be medium- or low-risk, in the context of the COVID-19 pandemic. In response, the Government indicates that such restrictions were necessary to reduce the administrative pressure faced by those businesses, as a result of restrictions related to the COVID-19 pandemic. The Government also explains that there are no restrictions on unplanned monitoring measures, regardless of the category of risk of businesses. The Committee recalls that labour inspection is a vital public function, at the core of promoting and enforcing decent working conditions and respect for fundamental principles and rights at work, and it plays an important role in national responses to COVID-19, by monitoring compliance with protective measures aimed at reducing transmission of the virus among employees. While recognizing the extraordinary nature of, and particular challenges linked to, the COVID-19 pandemic, the Committee requests the Government to ensure that the interference of any COVID-19-related measures with labour inspection activities is kept to the strict minimum necessary to respect public health measures. With reference to its General Observation of 2019 on labour inspection Conventions, the Committee requests the Government to remove any other moratoria on labour inspection. The Committee also requests the Government to provide detailed statistics on the number of inspection visits carried out by the SLS, disaggregated by type of inspection, region and sector.

2. Other restrictions. The Committee has previously noted for several years important restrictions on the powers of labour inspectors, contained in Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V), including restrictions with regard to: (i) the free initiative of labour inspectors to undertake inspections without previous notice; and (ii) the frequency of labour inspections. It noted with concern that Ministerial Decree No. 823 of 21 August 2019 on the Procedure for State Control of Compliance with Labour Legislation, as amended in 2019 and 2020 (Decree No. 823), provides for similar restrictions. In particular, section 1 of the amended Procedures approved by Decree No. 823 requires labour inspection to be carried out in accordance with Act No. 877-V, except for measures related to detecting informal employment. In this regard, the Committee strongly urged the Government to bring the labour inspection services and national legislation into conformity with the Conventions.

The Committee notes that, according to the Joint Representative Body of the Representative all-Ukraine Trade Union Associations at the national level, the District Administrative Court of the city of Kiev has found Decree No. 823 to be invalid in its Ruling No. 640/17424/19 dated 28 April 2021. The Committee notes with deep concern that previously observed restrictions in Act No. 877-V on the powers of labour inspectors remain in place. In this respect, the Committee notes the KVPU’s observations, alleging that, despite multiple amendments, sections 4, 5 and 6 of Act No. 877-V continue to restrict labour inspectors with regard to the time, scope and duration of inspections visits, their ability to undertake inspection without previous notice, and the measures they can take against violations. According to the KVPU, this leaves a significant number of problematic and important employee issues neglected and inadequately addressed. The KVPU also alleges that, despite the rising numbers of occupational accidents and cases of occupational diseases in 2020–21, requests from trade unions regarding identified violations are unanswered, delayed, or often met with refusal by the SLS, because trade union requests are not included in the exceptional grounds for unscheduled inspections under section 6 of Act No. 877-V.

The Committee recalls once again that restrictions on labour inspectors’ ability to conduct inspection visits without previous notice, at any hour of the day or night, in workplaces liable to inspection; and to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure effective application of legal provisions, violate the Conventions. The Committee also recalls that, under Article 18 of Conventions No. 81 and Article 24 of Convention No. 129, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced. In this regard, the Committee takes due note of the Government’s indication that the Ministry of Economy has developed a draft law to amend several legislative acts relating to the procedure for labour inspection, and notes that the Government is receiving ILO technical assistance. The Government also indicates that a new draft law on fundamental principles of state monitoring was approved by the Cabinet of Ministers of Ukraine in June 2021 and submitted to Parliament. In addition, according to the Government, legislative amendments to the Labour Code have been adopted (previously, draft Law No. 1233 of 2019), reducing the size of fines provided for labour law violations in the Labour Code, and requiring labour inspectors to give warnings in cases of violations by certain legal persons and individual entrepreneurs using hired labour. The Committee observes that a number of draft laws, including draft Laws Nos 5371, 5054-1 and 5161-1, also propose changes to labour legislation which could have an impact on the application of Conventions Nos 81 and 129. The Committee requests the Government to provide its comments with respect to the observations of the KVPU. With reference to its general observation of 2019 on the labour inspection Conventions, the Committee strongly urges the Government to promptly take all necessary measures to bring its national legislation into conformity with the provisions of Conventions Nos 81 and 129. In particular, the Committee strongly urges the Government to ensure that any future legislative amendments and laws with an impact on labour inspection, including the draft law on the fundamental principles of state monitoring, are in full conformity with Articles 12, 16, 17 and 18 of Convention No. 81 and Articles 16, 21, 22 and 24 of Convention No. 129. It requests the Government to provide a copy of the amendments to Act No. 877-V and the new law on the fundamental principles of state monitoring, once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.]

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

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 30 September 2020. The Committee proceeded with the examination of the application of Conventions Nos 81 and 129 on the basis of the observations received from the FPU this year (see Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

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.

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.

Articles 4, 6 and 7 of Convention No. 81 and Articles 7, 8 and 9 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted the assumption of labour inspection functions by “authorized officials” within local authorities, in addition to the State Labour Service (SLS). It requested the Government, in line with the 2018 conclusions of the Committee on the Application of Standards of the International Labour Conference, to ensure that the inspection functions of the local authorities are placed under the supervision and control of the SLS. In this regard, the Committee once again notes the information provided by the Government in its report on the efforts made to avoid duplication of inspections between the SLS and local authorities. The Committee also notes the information provided by the Government regarding trainings conducted by the SLS with labour inspectors in local authorities. In response to the Committee’s previous comments on the recruitment of these authorized officials, including the qualifications required, the Committee notes the Government’s indication that, to receive a service certificate as a labour inspector, it is necessary for officials to submit information on qualifications and work experience to the SLS, and that, as of January 2019, there were 1,258 labour inspectors with a service certificate, out of which 531 work for local authorities. The Committee nevertheless notes that the Government has not provided a reply concerning the legal provisions governing the status and conditions of service of these authorized officials, the qualifications required for their recruitment or whether there are regular competitions to recruit them, as there are for SLS inspectors. The Committee recalls that the Committee on the Application of Standards recommended in its 2018 conclusions that the Government ensure that the status and conditions of service of labour inspectors guarantee their independence, transparency, impartiality and accountability in line with the Conventions. The Committee therefore urges the Government to indicate the measures taken to ensure that the inspection functions of the local authorities are placed under the supervision and control of the SLS. The Committee once again requests the Government to indicate the legal provisions governing the status and conditions of “authorized officials” working as labour inspectors (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), and how it is ensured that their status and conditions of service are such as to guarantee their independence from any improper external influence. The Committee also requests further information on the manner in which it is ensured that “authorized officials” working as labour inspectors have adequate qualifications for the effective performance of inspection duties (Article 7(1) of Convention No. 81 and Article 9(1) of Convention No. 129). In this regard, the Committee requests information related to the labour inspectors working for local authorities, including the number of local authorities employing these inspectors and the number of inspectors at each authority; the compensation levels and tenures of employment for local authority labour inspectors compared with SLS inspectors; and whether training programmes for SLS inspectors are also required for local authority inspectors.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously requested information on the filling of the vacant labour inspector posts, measures taken to improve the budgetary situation of the SLS, and the material resources at the central and local levels of the SLS. In this regard, the Committee welcomes the Government’s indication that, as of 1 January 2019, the number of labour inspectors is 710 (up from 615 inspectors noted in 2018) for 1,003 existing posts (up from 904 noted in 2018). The Committee observes, however, an absence of information on the material resources at the central and local levels of the SLS. The Committee therefore requests the Government to take measures to provide sufficient material resources (offices, office equipment and supplies, transport facilities and reimbursement of travel expenses) at the central and local levels of the SLS. The Committee urges the Government to pursue its efforts to fill vacant posts for labour inspectors, and to continue to provide statistics on the number of labour inspectors.

Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted with deep concern that a moratorium was imposed on labour inspection between 1 January 2018 and 22 February 2018. In this respect, it notes the Government’s statement that the law introducing the moratorium on state supervision expired on 1 January 2019. The Committee also notes the observations of the FPU, which allege that a moratorium on scheduled measures of state supervision in enterprises considered to be medium-risk or low-risk has been imposed since March 2020, in response to the COVID-19 pandemic. Taking into account the particular challenges faced by the country in the context of the COVID-19 pandemic, the Committee urges the Government to resume regular inspections as soon as possible, consistent with public health guidelines in the country. The Committee requests the Government to provide its comments on any developments in this respect.

2. Other restrictions. The Committee previously noted that Act No. 877 of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877) and Ministerial Decree No. 295 on the procedure for state control and state supervision of compliance with labour legislation of 2017 (Decree No. 295), provide for several restrictions on the powers of labour inspectors. These include restrictions with regard to: (i) the free initiative of labour inspectors to undertake inspections without prior notice (section 5 of Decree No. 295 and section 5(4) of Act No. 877); (ii) the frequency of labour inspections (section 5(1) of Act No. 877); and (iii) the discretionary powers of labour inspectors to initiate prompt legal proceedings without previous warning (sections 27 and 28 of Decree No. 295). The Committee urged the Government, in line with the 2018 conclusions of the Committee on the Application of Standards, to take the necessary measures and appropriate reforms to bring the labour inspection services and the legislation into conformity with the Conventions.

The Committee notes with deep regret that the Government has not replied to the Committee’s request in this respect. The Committee also notes the observations of the KVPU according to which, following a ruling of the Sixth Administrative Court of Appeal on 14 May 2019, Decree No. 295 no longer applies to labour inspections and the SLS may supervise application of labour law only on the basis of the requirements of Act No. 877. According to the KVPU and the FPU, inspection procedures largely replicate the provisions of Act No. 877 and the SLS carries out labour inspection in accordance with the requirements of the Act. In this respect, the Committee notes the adoption of Ministerial Decree No. 823 of 21 August 2019 on the Procedure for State Control of Compliance with Labour Legislation, as amended by Ministerial Decrees No. 1132 of 4 December 2019 and No. 617 of 8 July 2020. The Committee notes with concern that Decree No. 823, as amended, provides for restrictions on the powers of labour inspectors with regard to the maximum duration of labour inspections (section 9). The Committee also observes that, while the amendment by Ministerial Decree No. 1132 appeared to remove certain restrictions from Decree No. 823, restrictions on the power of labour inspectors remain under Act No. 877. In this respect, the Committee further notes the FPU’s observations, alleging that pursuant to section 1(2) of the amended procedures, labour inspection, with the exception of measures related to the detection of informal employment, must be carried out in accordance with Act No. 877. In addition, the Committee notes the FPU’s reference to Ministerial Decree No. 383 of 20 May 2020, which limits the frequency of scheduled measures of state supervision according to the degree of risk attributed to an economic entity, namely: (i) once every two years for high-risk entities; (ii) once every three years for medium-risk entities; and (iii) once every five years for low-risk entities (section 5). The FPU further alleges that a draft Act on the fundamental principles of state supervision prepared by the Government largely replicates Act No. 877 and also limits the powers of labour inspectors.

The Committee recalls its general observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81 and Convention No. 129. The Committee also recalls that, pursuant to Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee also recalls that Article 16 of Convention No. 81 and Article 21 of Convention No. 129 stipulate that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In addition, Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it is up to the discretion of the labour inspectors to give warning and advice instead of instituting such proceedings. The Committee strongly urges the Government to take the necessary measures and adopt appropriate reforms to bring the labour inspection services and the national legislation into conformity with the provisions of Conventions Nos 81 and 129, including with Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129, and to ensure that no additional restrictions are adopted. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard. The Committee also requests the Government to provide its comments in respect of the FPU’s observations, to provide information on any revisions to the legislation governing labour inspection, and to transmit a copy of the new Act on the fundamental principles of state supervision, if adopted. Lastly, the Committee requests the Government to provide information on draft law No. 1233 of 2 September 2019, which has been approved by the Parliamentary Committee for Social Policy and Veteran’s Rights, and which foresees further limits on labour inspectors’ powers related to the application of fines for certain categories of entrepreneurs, as well as a decrease in the level of applicable fines.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

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 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 2020.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

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.

Articles 4, 6, and 7 of Convention No. 81 and Articles 7, 8 and 9 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted the assumption of labour inspection functions by “authorized officials” within local authorities, in addition to the State Labour Service (SLS). It requested the Government, in line with the 2018 conclusions of the Committee on the Application of Standards of the International Labour Conference, to ensure that the inspection functions of the local authorities are placed under the supervision and control of the SLS. In this regard, the Committee once again notes the information provided by the Government in its report on the efforts made to avoid duplication of inspections between the SLS and local authorities. The Committee also notes the information provided by the Government regarding trainings conducted by the SLS with labour inspectors in local authorities. In response to the Committee’s previous comments on the recruitment of these authorized officials, including the qualifications required, the Committee notes the Government’s indication that, to receive a service certificate as a labour inspector, it is necessary for officials to submit information on qualifications and work experience to the SLS, and that, as of January 2019, there were 1,258 labour inspectors with a service certificate, out of which 531 work for local authorities. The Committee nevertheless notes that the Government has not provided a reply concerning the legal provisions governing the status and conditions of service of these authorized officials, the qualifications required for their recruitment or whether there are regular competitions to recruit them, as there are for SLS inspectors. The Committee recalls that the Committee on the Application of Standards recommended in its 2018 conclusions that the Government ensure that the status and conditions of service of labour inspectors guarantee their independence, transparency, impartiality and accountability in line with the Conventions. The Committee therefore urges the Government to indicate the measures taken to ensure that the inspection functions of the local authorities are placed under the supervision and control of the SLS. The Committee once again requests the Government to indicate the legal provisions governing the status and conditions of “authorized officials” working as labour inspectors (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), and how it is ensured that their status and conditions of service are such as to guarantee their independence from any improper external influence. The Committee also requests further information on the manner in which it is ensured that “authorized officials” working as labour inspectors have adequate qualifications for the effective performance of inspection duties (Article 7(1) of Convention No. 81 and Article 9(1) of Convention No. 129). In this regard, the Committee requests information related to the labour inspectors working for local authorities, including the number of local authorities employing these inspectors and the number of inspectors at each authority; the compensation levels and tenures of employment for local authority labour inspectors compared with SLS inspectors; and whether training programmes for SLS inspectors are also required for local authority inspectors.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously requested information on the filling of the vacant labour inspector posts, measures taken to improve the budgetary situation of the SLS, and the material resources at the central and local levels of the SLS. In this regard, the Committee welcomes the Government’s indication that, as of 1 January 2019, the number of labour inspectors is 710 (up from 615 inspectors noted in 2018) for 1,003 existing posts (up from 904 noted in 2018). The Committee observes, however, an absence of information on the material resources at the central and local levels of the SLS. The Committee therefore requests the Government to take measures to provide sufficient material resources (offices, office equipment and supplies, transport facilities and reimbursement of travel expenses) at the central and local levels of the SLS. The Committee urges the Government to pursue its efforts to fill vacant posts for labour inspectors, and to continue to provide statistics on the number of labour inspectors.

Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted with deep concern that a moratorium was imposed on labour inspection between 1 January 2018 and 22 February 2018. In this respect, it notes the Government’s statement that the law introducing the moratorium on state supervision expired on 1 January 2019 and that there is currently no moratorium on labour inspections. The Committee expresses the firm hope that no further restrictions of this nature will be placed on labour inspection in the future.

2. Other restrictions. The Committee previously noted that Act No. 877 of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877) and Ministerial Decree No. 295 on the procedure for state control and state supervision of compliance with labour legislation of 2017 (Decree No. 295), provide for several restrictions on the powers of labour inspectors. These include restrictions with regard to: (i) the free initiative of labour inspectors to undertake inspections without prior notice (section 5 of Decree No. 295 and section 5(4) of Act No. 877); (ii) the frequency of labour inspections (section 5(1) of Act No. 877); and (iii) the discretionary powers of labour inspectors to initiate prompt legal proceedings without previous warning (sections 27 and 28 of Decree No. 295). The Committee urged the Government, in line with the 2018 conclusions of the Committee on the Application of Standards, to take the necessary measures and appropriate reforms to bring the labour inspection services and the legislation into conformity with the Conventions.

The Committee notes with deep regret that the Government has not replied to the Committee’s request in this respect. The Committee also notes the observations of the KVPU according to which, following a ruling of the Sixth Administrative Court of Appeal on 14 May 2019, Decree No. 295 no longer applies to labour inspections and the SLS may supervise application of labour law only on the basis of the requirements of Act No. 877. According to the KPVU, inspection procedures largely replicate the provisions of Act No. 877. In this respect, the Committee notes the adoption of Ministerial Decree No. 823 of 21 August 2019 on the Procedure for State Control of Compliance with Labour Legislation. The Committee notes with deep concern that this Decree also provides for similar restrictions on the powers of labour inspectors, including with regard to the free initiative of labour inspectors to undertake inspections without prior notice (section 8), the maximum duration of labour inspections (section 10), and limits on the inspectors’ ability to impose liability and sanctions if corrective action is taken by the violating entity within a specified time limit (sections 27 and 28).

The Committee recalls that, pursuant to Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Committee also recalls that Article 16 of Convention No. 81 and Article 21 of Convention No. 129 stipulate that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In addition, Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it is up to the discretion of the labour inspectors to give warning and advice instead of instituting such proceedings. The Committee strongly urges the Government to take the necessary measures and adopt appropriate reforms to bring the labour inspection services and the national legislation into conformity with the provisions of Conventions Nos 81 and 129, including with Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129, and to ensure that no additional restrictions are adopted. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard. Lastly, the Committee requests the Government to provide information on draft law No. 1233 of 2 September 2019, which has been approved by the Parliamentary Committee for Social Policy and Veteran’s Rights, and which foresees further limits on labour inspectors’ powers related to the application of fines for certain categories of entrepreneurs, as well as a decrease in the level of applicable fines.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2020.]

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

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.

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

The Committee notes the Government’s report received by the Office on 14 August 2018, as well as the supplementary information received from 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 in agriculture) together.

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

The Committee notes the 2018 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Ukraine, which called on the Government to: (i) take the necessary measures and appropriate reforms to bring their labour inspection services into line with the provisions of Conventions Nos 81 and 129; (ii) provide detailed information regarding the restrictions on the powers of labour inspectors contained in Act No. 877 and Ministerial Decree No. 295 and regarding the recent legislation enacted on the labour inspection system; (iii) promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters; (iv) ensure that the status and conditions of service of labour inspectors guarantee their independence, transparency, impartiality and accountability in line with the Conventions; (v) ensure that the inspection functions of the local authorities are placed under the supervision and control of the State Labour Service (SLS); and (vi) ensure that other functions entrusted to labour inspectors do not interfere with their primary duties and impact negatively on the quality of labour inspections.

Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129. Restrictions and limitations on labour inspection. 1. Moratorium on labour inspection. The Committee previously noted the imposition of a moratorium on labour inspection between January and June 2015. It notes once more with deep concern that another moratorium had been imposed on labour inspection between 1 January 2018 and 22 February 2018. Recalling that a moratorium placed on labour inspection is a serious violation of these Conventions, the Committee urges the Government to ensure that no further restrictions of this nature are placed on labour inspection in the future.

2. Other restrictions. In its previous comment, the Committee noted with concern that Act No. 877 (as amended in 2017) concerning the fundamental principles of state supervision and monitoring of economic activity, and Ministerial Decree No. 295 of 26 April 2017 on the procedure for state control and state supervision of compliance with labour legislation, provide for several restrictions on the powers of labour inspectors, including with regard to the free initiative of labour inspectors to undertake inspections without prior notice (section 5 of Decree No. 295 and section 5(4) of Act No. 877), the frequency of labour inspections (section 5(1) of Act No. 877), and the discretionary powers of labour inspectors to initiate prompt legal proceedings without previous warning (sections 27 and 28 of Decree No. 295). It urged the Government to take measures to bring the legislation into conformity with the Convention.

The Committee notes with regret that the Government has not provided any response to the request of the Committee on the measures taken to bring Act No. 877 and Ministerial Decree No. 295 into conformity with Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129. The Committee also notes that the Government has not provided any further information on Bill No. 6489 (on amendments to certain laws concerning the prevention of excessive pressure on businesses due to state supervision of compliance with labour and employment legislation) which passed the first reading in Parliament in July 2017 and which makes the conduct of unscheduled inspection visits an administrative offence. The Committee urges the Government, in line with the 2018 conclusions of the CAS, to take the necessary measures and appropriate reforms to bring the labour inspection services into line with the provisions of Conventions Nos 81 and 129. In this respect, the Committee once again urges the Government to take the necessary measures to bring Act No. 877 and Ministerial Decree No. 295 into conformity with Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129, and to ensure that no additional restrictions are adopted.

Articles 4, 6, 7 and 11 of Convention No. 81 and Articles 7, 8, 9 and 15 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee previously noted that pursuant to Decree No. 295 of 27 April 2017, applying section 259 of the Labour Code and section 34 of the Local Government Act, labour inspection functions were also assumed by the local authorities, in addition to the SLS. In this respect, the Committee recalled the importance of ensuring that organizational changes are carried out in conformity with the provisions of the Conventions.

The Committee notes the Government’s reiterated indication, in response to the Committee’s previous request concerning the placing of the labour inspection system under the supervision and control of a central authority, that efforts are being made to avoid duplication, including through: (i) the establishment of a joint register on the inspections undertaken by the SLS and the local authorities, implemented through an electronic system; (ii) the certification of “authorized officials” by the SLS (which the Government indicates are now 399 persons) and the possibility of the SLS to revoke their credentials if they systematically fail to duly exercise their monitoring powers; and (iii) the possibility by the SLS to repeal any instructions or orders by the local government bodies within ten days. The Government further indicates that “authorized officials” within the local government bodies have the free initiative to undertake labour inspections at any time of the day or night, without prior notice.

The Committee also notes that the Government reiterates that the local government authorities receive guidance, information and training from the SLS. It refers in this respect to several activities, including approximately 3,310 seminars, meetings and round tables on how to undertake inspections, 5,861 letters sent about the exercise of inspection powers, the provision of distance learning courses, and six joint trainings with the participation of 234 persons appointed to undertake inspections by the local bodies. The Committee notes that the Government has not provided the information requested on the status and conditions of service of the “authorized officials”. The Committee requests the Government, in line with the 2018 conclusions of the CAS, to ensure that the inspection functions of the local authorities are placed under the supervision and control of the SLS. Because the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate how it is ensured that the “authorized officials” from the local authorities performing labour inspection functions have the status and conditions of service guaranteeing their independence from any undue external influence (Article 6 of Convention No. 81 and Article 8 of Convention No. 129). In this regard, it requests the Government to indicate the legal provisions governing the conditions of service of these officials. It also requests the Government to provide more detailed information on how it is ensured that “authorized officials” working as labour inspectors have the adequate qualifications and training for the effective performance of inspection duties (Article 7 of Convention No. 81 and Article 9 of Convention No. 129). In this respect, it requests the Government to provide information on the recruitment procedures of these officials, including the qualifications required and if they include regular competitions as for SLS inspectors.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously noted from the 2015 needs assessment undertaken by the ILO that increasing the number of labour inspectors and material resources (including transport facilities, registers and appropriate software) was essential for enhancing the number and quality of inspections. The Committee welcomes the Government’s indication in its report that in July 2018 there were 615 labour inspectors (up from 542 inspectors noted in 2017) and 904 established posts (up from 765). The Government also refers to regular recruitment competitions to fill vacant positions. The Committee further notes the Government’s indication, in response to the Committee’s request, that 585.2 million Ukrainian hryvnia (approximately US$671.7 million) were allocated for labour inspection in the 2018 State Budget Act, but that this Act was not implemented. Noting that almost one third of the posts remain unfilled, the Committee requests the Government to continue to provide information on the filling of the vacant posts, with a view to ensuring that the number of inspectors is sufficient for the effective performance of their duties. The Committee also requests the Government to continue to provide information on the measures taken to improve the budgetary situation of the SLS, including the material means at its central and local levels. In addition, the Committee once again requests the Government to provide information on the material resources (offices, office equipment and supplies, transport facilities and reimbursement of travel expenses), at the central and local levels of the SLS.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee notes that the Government has not responded to the conclusions of the CAS that the Government ensure that other functions entrusted to labour inspectors do not interfere with their primary duties. The Committee urges the Government to list any other functions entrusted to SLS inspectors or “authorized officials” from the local authorities, and to explain how those functions are constrained from interfering with inspectors’ discharge of their duties to secure the enforcement of labour laws and the protection of workers.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.]

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

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 Convention No. 81 and Convention No. 129 together.

The Committee notes the observations made by the Federation of Trade Unions of Ukraine (FPU) received on 9 August 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the 2017 conclusions of the Committee on the Application of Standards (CAS) on the application of Conventions Nos 81 and 129 by Ukraine.

Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129. Restrictions and limitations on labour inspection. The Committee previously noted with deep concern the moratorium introduced between January and June 2015 on labour inspections. In this respect, the Committee recalls that the CAS noted that this moratorium had expired, and called upon the Government to refrain from imposing any such restrictions on labour inspection in the future.

The Committee notes that no further moratorium on labour inspection has been adopted. However, it notes with concern that Act No. 877 of 1 January 2017 concerning the fundamental principles of state supervision and monitoring of economic activity (which applies to a number of inspection bodies, including the labour inspection services), and Ministerial Decree No. 295 of 26 April 2017 on the procedure for state control and state supervision of compliance with labour legislation (applying section 259 of the Labour Code and section 34 of the law on self-governing bodies) provide for several restrictions on the powers of labour inspectors, including with regard to the free initiative of labour inspectors to undertake inspections without prior notice (section 5 of Decree No. 295 and section 5(4) of Act No. 877), the frequency of labour inspections (section 5(1) of Act No. 877), and the discretionary powers of labour inspectors to initiate prompt legal proceedings without previous warning (sections 27 and 28 of Decree No. 295).

In this context, the Committee also notes that the FPU indicates that in July 2017, Parliament passed, on its first reading, Bill No. 6489 on amendments to certain laws concerning the prevention of excessive pressure on businesses due to state supervision of compliance with labour and employment legislation, which makes the conduct of unscheduled inspection visits an administrative offence. In order to ensure that no such restrictions are applied, the Committee urges the Government to take the necessary measures so that Act No. 877 of 1 January 2017 and Ministerial Decree No. 295 of 26 April 2017 are brought into conformity with Articles 12(1)(a) and (b), 16 and 17 of Convention No. 81 and Articles 16(1)(a) and (b), 21 and 22 of Convention No. 129 and to ensure that no additional restrictions are adopted. The Committee also reminds the Government that it can continue to avail itself of ILO technical assistance for this purpose.

Articles 4, 6, 7 and 11 of Convention No. 81 and Articles 7, 8, 9 and 15 of Convention No. 129. Organization of the labour inspection system under the supervision and control of a central authority. Partial decentralization of labour inspection functions. The Committee notes that pursuant to Decree No. 295 of 27 April 2017, applying section 259 of the Labour Code and section 34 of the Local Government Act, labour inspection functions are now assumed by both the State Labour Service (SLS) and the local authorities (executive bodies of councils in regional urban centres and in integrated rural and semi-rural territorial communities). The Committee notes that the Government indicates that the local government authorities come under the supervision of the SLS with respect to labour inspection functions, in terms of the guidance, information and training provided by the SLS to the local authorities concerning labour inspection. Moreover, the Government indicates that the SLS may revoke the appointment of “authorized officials” in the local authorities as labour inspectors if these officials systematically fail to duly exercise their verification powers. The Government also refers to efforts to ensure coordination to avoid duplication, for example through the establishment of a joint register on the inspections undertaken by the SLS and the local authorities. In this respect, the Committee notes that section 5 of the procedure for state supervision (adopted by Decree No. 295) provides that labour inspections by the local authorities are conducted pursuant to the annual work plan of the SLS.

The Committee recalls that Article 4 of Convention No. 81 provides for the placing of the labour inspection system under the supervision and control of a central authority in so far as is compatible with the administrative practice of the Member. The Committee recalls in this respect that it indicated in its General Survey of 2006 on labour inspection, that should certain labour inspection responsibilities be attributed to different departments, the competent authority must take steps to ensure adequate budgetary resources and to encourage cooperation between these different departments (paragraphs 140 and 152). In addition, the Committee recalls the importance of ensuring that organizational changes are carried out in conformity with the provisions of the Conventions, including Articles 4, 6, 7 and 11 of Convention No. 81 and Articles 7, 8, 9 and 15 of Convention No. 129. The Committee therefore requests the Government to provide detailed information on the allocation of adequate budgetary resources to enable the effective performance of labour inspection duties (Article 11 of Convention No. 81 and Article 15 of Convention No. 129). Relatedly, noting the guidance and training provided by the SLS to the local authorities, the Committee requests the Government to provide specific information on how the supervision by the SLS of the local authorities is ensured on a regular basis. The Committee also requests the Government to indicate how it is ensured that the “authorized officials” working as labour inspectors under the supervision of the SLS and the local authorities have the status and conditions of service guaranteeing their independence from any undue external influence (Article 6 of Convention No. 81 and Article 8 of Convention No. 129). Moreover, it requests the Government to indicate how it is ensured that “authorized officials” working as labour inspectors have the adequate qualifications and training for the effective performance of inspection duties (Article 7 of Convention No. 81 and Article 9 of Convention No. 129). In line with the 2017 requests of the CAS, the Committee requests the Government to ensure that other functions entrusted to labour inspectors do not interfere with their primary duties and impact negatively on the quality of labour inspections.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee previously noted from the 2015 needs assessment undertaken by the ILO following the request for technical assistance by the Government that increasing the number of labour inspectors and material resources (including transport facilities, registers and appropriate software) was essential for enhancing the number and quality of inspections. The Committee notes with regret that the Government has, once again, not provided information on any measures taken in this regard. It also notes from the information provided by the Government that there are currently 542 labour inspectors and 223 vacant labour inspection positions. The Committee therefore once again requests that the Government provide information on the measures taken to improve the budgetary situation of the SLS, and improve the material means and human resources of the services throughout its structures. In this respect, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the central and local levels of the SLS and their material resources (offices, office equipment and supplies, transport facilities and reimbursement of travel expenses), and to take measures to ensure that the number of inspectors and level of resources are appropriate for the effective performance of their duties.

The Committee is raising other matters in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Organization of the State Labour Service (SLS). In its previous comment, the Committee noted that the labour inspection services continued to be in a process of re-organization. In this respect, it notes the Government’s indication that the new regulations of the SLS were approved by Ministerial Decision No. 96 of 11 February 2015. The Committee notes that, pursuant to these regulations, the SLS has become the new central labour inspection authority under the Ministry of Social Policy, merging the State Labour Inspectorate, the State Service of Mining Control and Industrial Safety, and the State Sanitary and Epidemiological Service (occupational health and radiation exposure). The Government informs that the SLS is responsible for monitoring compliance with labour conditions, social security and occupational safety and health legislation, including in agriculture and mining. The Committee also notes that the Government has provided the requested organizational chart of the SLS, in reply to the Committee’s previous request, which reflects the central structure, but not the regional structure of the SLS. The Committee requests that the Government provide information on the organization of the SLS throughout its regional structures, and submit an organizational chart of the entire structure of the SLS.

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 from the information in the 2015 ILO needs assessment, that the social partners welcomed the efforts recently undertaken by the Government to ensure their participation in matters concerning labour inspection (such as the applicable legislation, the functions and organizational structure of the labour inspection services), and that they expressed the hope that this collaboration will be institutionalized at the central and local level. The Committee requests that the Government provide detailed information on the collaboration with employers and workers or their organizations concerning labour inspection matters.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. In its previous comment, the Committee noted the high turnover of staff (in 2010, 214 or 26 per cent of all labour inspectors had resigned from their office). According to the information in the 2015 ILO needs assessment, 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 (pursuant to the Concluding Provisions of Act No. 76 VIII of 28 December 2014 on the repeal of several legislative acts). The Committee once again urges the Government to take measures to ensure that the status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.) of labour inspectors is such as to attract and maintain qualified staff and guarantee their independence and impartiality from improper external influences. The Committee requests that the Government provide information on any measures taken in this regard.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training provided to labour inspectors. It notes the information in the 2015 ILO needs assessment, that there is no selection process providing for the examination of specific technical skills and qualifications, personal and psychological abilities. The 2015 ILO needs assessment, also finds that labour inspectors lack comprehensive training on modern methods of inspection and specialized training for sectors and specific topics, such as child and forced labour. The Committee once again requests that the Government provide information on the content and frequency of training courses and seminars provided to labour inspectors. The Committee also 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. Where appropriate, the Committee requests that the Government avail itself of technical assistance for this purpose.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Material means and human resources to achieve an adequate coverage of workplaces by labour inspection. The Committee notes the statistics provided by the Government on the staff employed at the central level of the SLS (that is, 158 employees) and the total number of staff of the SLS including at the territorial level (that is, 4,638 employees). According to the information in the 2015 ILO needs assessment, there are currently 1,053 labour inspectors working within the SLS, which according to information gathered during a technical mission in October 2016 now appears to be significantly lower. In this context, the Committee also notes that the 2015 regulations of the SLS (approved by Ministerial Decision No. 96) have conferred numerous tasks on labour inspectors, including beyond their primary tasks.

Having previously noted the insufficient resources allocated to the labour inspection services with concern, the Committee notes with regret that the Government has not provided information any measures taken in this regard. It also notes from the 2015 ILO needs assessment, that the inspection structures lack proper administrative support, resources and equipment, including transport service, registers and appropriate software for registering inspection visits. The Committee notes from the same source that increasing the both human and material resources is essential in order to enhance the number and quality of inspections. The Committee requests that the Government provide information on the measures taken to improve the budgetary situation of the SLS, and improve the material means and human resources of the services throughout its structures. In this respect, the Committee requests that the Government provide information on the number of the labour inspectors working at the central and local levels of the SLS and their conditions of work (offices, office equipment and supplies, measuring tools and photocopiers, transport facilities and reimbursement of travel expenses), and take measures to ensure that they are appropriate for the effective performance of their duties. The Committee also requests that the Government provide an estimate of the time and resources spent on other functions entrusted to labour inspectors and indicate any steps taken or envisaged to ensure that they do not interfere with the primary duties of labour inspectors and impact negatively on the quality of labour inspections.

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 notes that the Government has not provided the requested information on the progress made with the implementation of the National Action Plan for the provision of safe and healthy working conditions and the improvement of the current system for the recording of occupational accidents and diseases. The Committee also notes from the information in the 2015 ILO needs assessment, that there are currently no well-established and functioning national-level systems for notifying and recording occupational accidents and diseases. The Committee requests that the Government provide information on the progress made with the development of the National Action Plan in the area of OSH, including 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 the annual report of the work of the SLS for 2015, attached to the Government’s report. The Committee notes from the 2015 ILO needs assessment that there are no up-to-date registers of workplaces, and that the existing data collection systems are not connected with other ministries, such as the Ministry of Finance or the Ministry of Health. The Committee requests that the Government provide information on any measures taken to provide for the establishment of a register of workplaces liable to inspection, so as to enable it to devise targeted labour inspection plans and include the relevant information in the annual reports of the work of the labour inspection services. The Committee trusts that the central labour authority will continue to publish and communicate to the ILO an annual labour inspection report as required by Article 20, containing full information on all the subjects listed in Article 21(a)–(g).

[The Government is asked to supply particulars to the Conference at its 106th Session and to reply in full to the present comments in 2017.]

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Technical assistance with a view to strengthening the labour inspection services. The Committee notes with interest that the Government requested ILO technical assistance for support in undertaking its labour inspection reforms initiated in 2014. The Committee notes that, as a result of this request made in February 2015, the ILO has, among other technical activities, established a needs assessment of the current structure of the State Labour Service (SLS) in November 2015 (2015 ILO needs assessment). This makes a number of recommendations on how to improve the effective functioning of the SLS, applying international labour standards and using best practices as a reference. The Committee also notes the information provided by the Government in its report on the initiation of the ILO project on “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” in September 2016 which aims to improve the national legal framework as well as compliance mechanisms, including through the revision of the Regulations of the SLS, the organization of the labour inspection, and the collaboration with the social partners. The Committee requests that the Government provide information on the activities undertaken in the framework of the technical assistance provided and the measures taken to strengthen the labour inspection services in relation to the principles of the Convention.

Articles 12(1)(a) and (b), 15(c) and 16 of Convention No. 81 and Articles 16(1)(a) and (b), 20(c) and 21 of Convention No. 129. Restrictions and limitations to labour inspection. Further to the Committee’s reiterated request to amend Act No. 877-V of 2007 concerning the fundamental principles of state supervision and monitoring of economic activity, so as to bring it into conformity with the abovementioned Articles of the labour inspection Conventions, the Committee welcomes the Government’s indication that further to amendments in 2014, Act No. 877-V of 2007 no longer applies to the activities in the area of labour and employment legislation by the State Labour Inspectorate.

The Committee notes however with deep concern the information provided by the Government in its report on the moratorium introduced between January and June 2015 on labour inspections (pursuant to the Concluding Provisions of Act No. 76 VIII of 28 December 2014 on the repeal of several legislative acts), as a result of which there was a significant rise in the number of complaints made to the SLS concerning labour law violations. In this respect the Committee notes with concern that the number of labour inspections between 2011 and 2014 decreased from 42,323 to 21,015 and that in 2015, only 2,704 labour inspection visits were undertaken. The Committee further notes with concern the information provided by the Government that two Bills have recently passed the first reading in the Parliament of Ukraine, namely Bill No. 2418a of 21 July 2015 and Bill No. 3153 of 18 September 2015, which propose to place a fresh moratorium on scheduled inspection visits until 31 December 2016 and thereby restrict state oversight and monitoring of labour law. However, the Committee also notes that an ILO delegation was invited by the Government in the context of a technical mission to Kyiv in October 2016 to attend a hearing in Parliament on the proposed amendments to the Labour Code, which are supposedly intended to bring the Labour Code into conformity with the principles of the Conventions. In this context, the Committee welcomes the fact that, following the mission, the Government has requested informal opinions in relation to three legislative drafts, including on the procedures and regulations concerning labour inspection in the area of working conditions, occupational safety and health and mining. Recalling that a moratorium placed on labour inspection is contrary to the principles of the Convention, the Committee urges the Government to ensure that the proposed amendments to the national legal framework are undertaken with the purpose of bringing the national legislation into conformity with the Conventions and do not introduce restrictions and limitations on labour inspection. The Committee strongly encourages the Government to continue to avail itself of ILO technical assistance for this purpose.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 106th Session and to reply in full to the present comments in 2017.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 1, 2, 3, 4, 6, 7, 10, 11, 16 and 18 of the Convention. Organization and effective functioning of the State Labour Inspectorate (SLI). The Committee notes that the Government has provided the Office with a copy of: (i) Presidential Decree No. 1085 of 9 December 2010, pursuant to which the SLI has been designated as a central body of the executive power; (ii) the legislative texts providing for amendments to Decree No. 1085; and (iii) Presidential Decree No. 386/2011 of 6 April 2011 on the regulations relating to the SLI. Recalling that it noted in its previous direct request that the final distribution of powers between the central bodies of the executive power had not yet been completed, the Committee notes that the Government has not provided an organizational chart of the SLI with its report as requested. The Committee also recalls the indications made by the Government in its report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), for 2011 that the Government is in the process of examining the possibility of establishing an integrated system of labour inspection.

The Committee also recalls its previous comments in which it noted from the Office Report on the Technical Assistance Mission to Ukraine in May 2011, as a follow-up to the discussion which took place before the Conference Committee on the Application of Standards in June 2010 concerning the application of the Protection of Wages Convention, 1949 (No. 95), that it was planned to progressively increase the number of inspectors from 635 to 5,000, which would ultimately allow for the inspection of enterprises once every five years, compared with the current average of 36 years. However, it appears from the information provided in the Government’s report, that the number of labour inspectors has even further decreased to 573 in 2013. In this regard, the Committee also recalls its previous comments on the high turnover of SLI staff and that in 2010, 214 or 26 per cent of all labour inspectors, had resigned from their office. The Committee also recalls the Government’s explanations on the insufficient resources allocated to generate the required material and technical infrastructure for the SLI and its territorial bodies, which the Committee had noted with concern.

The Committee notes the statistical information (number of inspection visits, violations detected and enforcement measures taken) provided by the Government in response to the Committee’s previous request on measures taken for the enforcement of labour legislation on conditions of work, including legislation on wages, child labour, and the removal of obstacles for labour inspectors in the performance of their duties. The Committee finally notes the Government’s reference to training provided to labour inspectors in the framework of ILO assistance, including in the areas of child labour, gender, collective bargaining rights, new inspection procedures, preventive inspection measures and strategies. The Committee once again requests the Government to keep the Office informed of the measures taken to strengthen the organization and functioning of the SLI, including measures to improve its budgetary situation, and the results achieved. In particular, the Committee would be grateful if the Government would provide a copy of the organizational chart of the SLI and relevant legislative texts in their current version, if possible in one of the working languages of the ILO.

The Committee urges the Government once again to take measures to ensure that the number, status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.), and the conditions of work (offices, office equipment and supplies, measuring tools and photocopiers, transport facilities and reimbursement of travel expenses) of labour inspectors are appropriate for the effective performance of their duties, and to provide information to the ILO on any progress made that end.

The Committee requests the Government to continue to provide information on SLI staff and the measures taken in order to ensure effective application by the SLI in cases of non-compliance with labour legislation on conditions of work, including legislation on wages and on the removal of obstacles for labour inspectors in the performance of their duties (number of inspection visits, violations detected and statistics of administrative and penal sanctions imposed in cases of violations).

Having previously noted the Government’s indications that the establishment of a training centre for labour inspectors would be considered, the Committee reiterates its request to keep the Office informed of any developments in this regard, and to continue to provide information on the content and frequency of training courses and seminars in which inspectors participate during the period covered by the Government’s next report.

Articles 3(a) and (b), 13 and 14 of the Convention. Labour inspection activities in the area of occupational safety and health. Notification of industrial accidents and cases of occupational diseases to the SLI. The Committee notes the Government’s indications that the SLI has launched the project “Improving safety and health at work through a Decent Work Agenda”, which consists of the development and implementation of a National Action Plan for the provision of safe and healthy working conditions and the improvement of the current system for the recording of occupational accidents and diseases. The Committee asks the Government to provide information on the progress made with the development of the National Action Plan in the area of OSH, and to provide any relevant documents in this regard, if possible in one of the working languages of the ILO. Please also describe the system for the recording and notification of industrial accidents and cases of occupational diseases, including any applicable texts, if possible in one of the working languages of the ILO, and the measures taken for its improvement.

Please also provide detailed information on the labour inspection activities in the area of OSH (number of inspection visits, violations reported, legal provisions concerned, types of sanctions imposed and measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers), as well as statistical information on the number and nature of industrial accidents and cases of occupational diseases reported in the different economic sectors.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that Presidential Decree No. 386/2011 of 6 April 2011 on the regulations relating to the SLI entrusts labour inspectors with monitoring compliance with legislative provisions on employment and job placement of the persons with disabilities. The Committee refers to paragraph 69 of its 2006 General Survey on labour inspection where it underlines that the primary duties of inspectors are complex and require time and resources. In this respect, Article 3(2) stipulates that any further duties which are entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties (enforcement and advice). The Committee would be grateful if the Government would provide clarification on the functions carried out by labour inspectors and, in particular, whether they are entrusted with additional tasks other than those relating to advisory and enforcement functions as provided for in Article 3(1)(a) and (b) of the Convention. If so, the Committee requests the Government to provide an estimate of the time and resources spent on these functions and indicate any steps taken or envisaged to ensure that they do not interfere with the primary duties of labour inspectors.

Articles 20 and 21. Annual report on labour inspection. The Committee notes the statistical information provided in the Government’s report, including the number of labour inspectors as at January 2013, the number of labour inspections conducted in 2012 and in the first half of 2013, the number of infringements detected and the subject areas to which they relate, the number of administrative decisions issued and of fines imposed, as well as the number of cases submitted to the public prosecutor’s offices. The Committee notes in particular the detailed statistical information in relation to the activities by the SLI concerning compliance with legislation on wages and child labour. The Committee also notes the annual report of the work of the SLI for 2012, attached to the Government’s report in the Ukrainian language. The Committee welcomes the efforts undertaken by the Government and hopes that it will continue to ensure that the central labour authority publishes and communicates to the ILO an annual labour inspection report as required by Article 20, and that it contains full information on all the subjects listed in Article 21(a)–(g). The Committee would be grateful if the Government would provide summaries of the content of annual labour inspection reports, if possible in one of the working languages of the ILO.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 12(1)(a), (2) and 15(c) of the Convention. Restrictions on labour inspectors’ powers. The Committee notes that the Government, in relation to the issues raised in the Committee’s previous comments concerning restrictions of labour inspectors’ powers in national law that were recognized by the Government to be in violation of Articles 12(1)(a), (2) and 15(c) of the Convention, refers to a bill that provides for the amendment of those provisions of Act No. 877-V of 2007 concerning the fundamental principles of state supervision in the area of economic activity, which are not in conformity with the Convention; in addition, the State Labour Inspectorate (SLI) has made proposals on this bill. The Committee further notes that the Government indicates that Order No. 502 of May 2009 concerning temporary restrictions on state supervision activities in the area of economic activity was only applicable until 31 December 2010 and that it did not affect the activities of the SLI. The Committee requests the Government to keep the Office informed of the progress made with the amendment of Act No. 877-V of 2007 with a view to bringing it into conformity with the Convention, and to provide a copy of this law in its amended version once these amendments have been adopted, if possible in one of the working languages of the Office.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Also referring to its observation, the Committee requests the Government to provide particulars concerning the following points.

Articles 1, 2, 3, 4, 20 and 21 of the Convention. Process of reorganizing the labour inspection into an integrated system. Annual report on labour inspection. In its previous comments the Committee had taken note of the Government’s indication that the Ministry of Social Policy was in the process of preparing a draft bill on “State Labour Inspection” which would secure in law the functions and powers of this supervisory body, and ensure conformity with international law. The drafting of the said Bill would be concluded and handed over to the parties concerned for negotiation, by the end of 2010.

The Committee notes from the Government’s latest report that a Regulation on the State Labour Inspection was approved by virtue of Presidential Decree No. 1085 of 9 December 2010 on the optimization of the system of central bodies of the executive power, pursuant to which, the State Labour Inspection has been designated as a central body of the executive power and its activities have been placed under the supervision and control of the Ministry of Social Policy of Ukraine. Moreover, Presidential Decree No. 386/2011 of 6 April 2011 on the provisions relating to the state labour inspection provided extended powers to the state labour inspectors, particularly in order to ensure compliance with legislative provisions on employment, labour protection, job placement of the disabled, and the benefits and compensation of workers in heavy and arduous professions. It is also reported that organizational measures have already been taken to ensure the continuing operation of the State Labour Inspection. Appropriate legislative amendments will be introduced in order to harmonize the legislative acts in force with the abovementioned Decrees after the final distribution of powers between the central bodies of the executive power which has not been completed yet.

The Committee requests the Government to provide a copy of Presidential Decree No. 1085 of 9 December 2010 and Presidential Decree No. 386/2011 of 6 April 2011 and to keep the Office informed of the measures taken to strengthen the organization and functioning of the State Labour Inspection, as well as the results achieved. In particular, the Committee would be grateful if the Government would provide a copy of the new organigram of the State Labour Inspection and continue to provide updated statistical information on the staff of the labour inspection system as well as the inspection activities carried out, including data related to child labour and statistics of industrial accidents and occupational diseases.

Noting moreover that no annual report has been received at the ILO notwithstanding the Government’s indication that such report has been transmitted to the ILO since 2006, the Committee would be grateful if the Government would ensure, in accordance with Article 20 of the Convention, the publication and transmission to the ILO of an annual report containing information on all the items listed in Article 21.

Articles 3(1)(a) and (c), 17 and 18 Effective discharge of the functions of the system of labour inspection. Institution of legal proceedings and enforcement of adequate penalties for violation of the labour legislation relating to conditions of work. The Committee takes note of the Office Report (hereinafter: Report) on the Technical Assistance Mission to Ukraine which took place from 16 to 19 May 2011 as a follow-up to the discussion which took place before the Conference Committee on the Application of Standards in June 2010 with regard to the application of the Protection of Wages Convention, 1949 (No. 95) by Ukraine. The Committee takes note of the information obtained during the mission to the extent that it is relevant to this Convention and summarizes it as follows:

According to the Head of the State Labour Inspection, between 1 March 2010 and 1 April 2011, 160,000 violations of the labour and social security legislation had been recorded, including 95,000 related to wage legislation. Out of 42,000 violations observed in the first quarter of 2011, 24,000 were related to wage legislation. Administrative fines and court proceedings had been initiated in all concerned cases. Meanwhile, 40,924 managers had received warnings, 200 contracts of managers had been terminated and 10,000 fines had been imposed as a result of a special mechanism to monitor the payment of wage arrears and social security contributions under Resolution No. 370 of 18 April 2009 of the Cabinet of Ministers.

In this context, it is also relevant to recall the Government’s communication of 18 January 2010, indicating that as a result of inspections conducted by the territorial state labour inspections in the Lugansk region, administrative proceedings had been instituted on the basis of article 188.6 of the Code of Administrative Offences of Ukraine against heads of enterprises who had violated the law, for not remedying the defects discovered.

The report also refers to the situation of the Nikanor-Nova mine, where, according to the Independent Miners’ Union of Nikanor-Nova, miners were facing problems such as long working hours (9 hours instead of 6 hours recognized as working time), low wages not corresponding to legally guaranteed levels, delay in payment of wages, difficulty in settling outstanding wages at the end of the employment relationship, payment of holiday benefits in advance, and miscalculation of applicable wage rates resulting in every miner losing one month of his/her wage every four months. Furthermore, a representative of the Barakov mine trade union reported to the Mission that the State Labour Inspection was not allowed to carry out an inspection visit to the mine, where miscalculated wages ran contrary to the applicable collective agreement and minimum wages paid in practice represented only 45 per cent of the collectively agreed wage rate. A representative of the Ministry of Energy and Coal Industry acknowledged that a pay rise of 1.3 times the wage which had been provided under the “Act on enhancing the prestige image of coalminers’ labour of 2008” was not applied to miners and that holiday benefits were not always paid in advance.

As regards legislative measures taken to address the problem of wage arrears, it is indicated in the report that the Decree of 11 August 2010 concerning urgent measures on wage arrears, provided for a special warning to ensure manager accountability. The Ministry of Social Policy and the State Labour Inspection have drafted a new decree and three draft laws in order to strengthen manager liability for non-payment of wages, provide incentives to employers to comply with wages legislation, increase penalties to 4,250–17,000 Ukrainian hyrvnas (UAH) from the current levels of UAH525–1,700, and change the practice of imposing only one fine in case of multiple violations.

As regards the number of violations of labour legislation, the State Labour Inspection reported that this was generally on the rise, both in terms of the number of employers involved and the number of infringements. The number of violations related to the timely payment of wages and other entitlements had increased in the first quarter of 2011 compared to the same period of 2010, while infringements and sanctions related to the payment of minimum wages were decreasing.

The Committee requests the Government to provide detailed information on the measures taken and policies devised in consultation with the social partners in order to ensure the effective enforcement by the State Labour Inspection of wages legislation including through adequate administrative and penal sanctions in cases of violation. The Committee would also be grateful if the Government would provide detailed information and statistics on the nature of penalties imposed in instances of non-compliance with labour legislation on conditions of work and for obstructing labour inspectors in the performance of their duties.

Articles 6, 10, 11 and 16. Impact of the status, conditions of service and conditions of work of labour inspectors on the coverage of the workplaces liable to inspection. The Committee notes with concern that, according to the Government’s previous and latest reports, the territorial units of labour inspection which are placed in rented premises are not provided with either the necessary transport facilities or the necessary equipment (such as copying machines, cameras and Dictaphones) to carry out their duties. The Government reports that in accordance with the Law on the State Budget of Ukraine for 2011, the total resources allocated to the State Labour Inspection and its territorial bodies amount to UAH38.3 million, of which 35.9 million is allocated to staff remuneration. According to the Government, even though this amount represents an increase compared to 2010, these resources are still not sufficient to generate the required material and technical infrastructure for the State Labour Inspection and its territorial bodies. Staff turnover in the State Labour Inspection amounted according to the Government to 214 persons or 26 per cent in 2010, meaning that one in every four workers resigned from the State Labour Inspection during the year. The report of the Technical Mission indicates that it is planned to progressively increase the number of inspectors to 5,000 from 635, which will ultimately allow for the inspection of enterprises once every 5 years, compared to the current average of 36 years. The Committee urges the Government once again to take measures to ensure that the number, status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.), and the conditions of work (offices, office equipment and supplies, instruments for measurement and reproduction, transport facilities and reimbursement of professional travelling expenses) of labour inspectors are appropriate for the effective performance of their duties and to provide information to the ILO on any progress made towards that end.

Article 7. Training of serving labour inspectors. Noting that the Government’s report does not contain the requested information on this issue, the Committee is bound to repeat its previous comment which read as follows:

In its communication of 18 January 2010, the Government indicated that the establishment of a training centre for labour inspectors could be discussed during the amendment of Cabinet of Ministers Order No. 464 of 13 September 2009, without clarifying further details. It also reported, in its communication of 13 September 2010, that the territorial units of the State Labour Inspection hold monthly seminars of professional development of labour inspectors on the observance of the labour legislation, and that in December 2009 a series of training for labour inspectors was held by the MLSP in cooperation with the German Technical Cooperation (GTZ). The Committee draws the Government’s attention to its previous comment on this issue and reiterates its request to keep the Office informed of any developments in this regard, to provide information on the content and frequency of training courses and seminars in which inspectors have participated during the period covered by its next report and indicate the measures taken in the context of the implementation of the Decent Work Country Programme relating to labour inspection, to update the training of labour inspectors with a view to enable them to carry out their duties effectively in the framework of an integrated inspection system.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no information on the issues raised in the Committee’s previous comments pursuant to the observations made by the Federation of Trade Unions of Ukraine (FTUU). The Committee recalls that these comments concerned discrepancies between the Convention and Act No. 877-V concerning the fundamental principles of state supervision in the area of economic activity adopted on 5 April 2007 by the Supreme Council as well as Order No. 502 concerning temporary restrictions on state supervision activities in the area of economic activity which was adopted by the Cabinet of Ministers of Ukraine on 23 May 2009 and was applicable until 31 December 2010. The Committee requests the Government to indicate the measures taken in order to ensure that Act No. 877-V, which it recognized to be in violation of Articles 12(1)(a) and (2), and 15(c) of the Convention, is amended with a view to bringing it into conformity with the Convention. It also requests the Government to clarify whether Order No. 502, which it also recognized to be contrary to Articles 16 and 18 of the Convention, has ceased to be in force since 1 January 2011, and if that is not the case, to indicate the measures taken in order to repeal it.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Also referring to its observation, the Committee notes the Government’s communications of 4 August 2009, 18 January and 13 September 2010 containing information on the Government’s plan to reform the system of labour inspection, as well as on inspection activities in Lugansk region and statistical data on labour inspection activities for 2008 and 2009. It asks the Government to provide particulars concerning the following points.

Articles 1, 2, 3, 4, 20 and 21 of the Convention. Process of reorganizing labour inspection into an integrated system. Annual report on labour inspection. In its communication of 18 January 2010, the Government indicates that the Ministry of Labour and Social Policy (MLSP) recognizes the necessity to reorganize the system of state management and supervision of the labour legislation in Ukraine, including the sphere of labour protection, and that it plans to deal with this issue in 2010. In its report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Government indicates that an Interdepartmental Working Group has been approved by MLSP Order No. 22 of 24 January 2009 to develop the relevant proposals. Moreover, the Government indicates in its communication of 13 September 2010 that the MLSP is preparing, under the order of the President of Ukraine, to strengthen and improve the work of the State Labour Inspectorate (Goznadzortruda) and labour inspectors, a draft bill on “State Labour Inspection” which will secure the functions and powers of the controlling body at the legislative level, as well as ensure the harmonization of national and international legislation. Drafting of the said bill is planned to be finished and handed in to the parties concerned for negotiation until the end of 2010. The Government reports that the next step of reforming the system of state control and monitoring over the observance of the labour legislation is the preparation of the draft resolution of the Cabinet of Ministers of Ukraine on the expansion of the powers of the State Labour Inspectorate and its territorial units, which is being developed in compliance with this Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

The Committee also notes statistical data on labour inspection activities for 2008 and 2009 provided by the Government in its communications of 4 August 2009 relating to the staff of the labour inspection service (at variance with the statistical data provided under Convention, No. 129) and of 13 September 2010. The Committee requests the Government to keep the Office informed of the measures taken to ensure the reorganization and improvement of the labour inspection system, and to provide a copy of the abovementioned and other legal instruments adopted in this context. The Government is also requested to continue providing updated statistical information on staff of the labour inspection service and inspection activities, particularly information on the number of children employed in workplaces liable to inspection, statistics of industrial accidents and occupational diseases, and to ensure that an annual report containing the information required on the matters referred to in Article 21 of the Convention is published and a copy is transmitted to the ILO, in accordance with Article 20.

Articles 6, 11 and 16. Impact of the status, conditions of service and conditions of work of labour inspectors on the coverage rate of the workplaces liable to inspection. The Committee draws the Government’s attention to its previous comment where it noted with concern the information that territorial state labour inspectors were leaving the service as a result of the appalling conditions of service compared to their excessive responsibilities, lack of transport facilities necessary to carry out inspections and of equipment, such as copying machines, cameras and dictaphones. The Government indicates, in its communication of 13 September 2010, that the territorial units of labour inspection are placed in rented premises, and are not provided with the necessary equipment and transport facilities and therefore, in light of the measures foreseen in Article 11 of the Convention, allocation of premises, equipment, transport facilities, payment of duty trips, professional development, etc., are envisaged. It further indicates that only 5 per cent of the workplaces liable to inspection have been inspected, but that a request for a budget increase has been submitted by the Directorate of State Labour Inspection. The Committee urges the Government once again to take measures to ensure that the status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.), and the conditions of work (offices, office equipment and supplies and instruments for measurement and reproduction, transport facilities and reimbursement of professional travelling expenses) of labour inspectors are appropriate for the effective performance of their duties and to provide information on any progress made to that end.

Article 7. Training of serving labour inspectors. In its communication of 18 January 2010, the Government indicated that the establishment of a training centre for labour inspectors could be discussed during the amendment of Cabinet of Ministers Order No. 464 of 13 September 2009, without clarifying further details. It also reported, in its communication of 13 September 2010, that the territorial units of the State Labour Inspectorate hold monthly seminars of professional development of labour inspectors on the observance of the labour legislation, and that in December 2009 a series of training for labour inspectors was held by the MLSP in cooperation with the German Technical Cooperation (GTZ). The Committee draws the Government’s attention to its previous comment on this issue and reiterates its request to keep the Office informed of any developments in this regard, to provide information on the content and frequency of training courses and seminars in which inspectors have participated during the period covered by its next report and indicate the measures taken in the context of the implementation of the Decent Work Country Programme relating to labour inspection, to update the training of labour inspectors with a view to enable them to carry out their duties effectively in the framework of an integrated inspection system.

Article 17. Institution of legal proceedings and enforcement of adequate penalties. In its communication of 18 January 2010, the Government indicated that as a result of inspections conducted by the territorial state labour inspectorate in the Lugansk region, administrative proceedings were instituted against heads of enterprises, who had violated the law, on the basis of article 188.6 of the Code of Administrative Offences of Ukraine for not remedying the defects discovered. The Committee would be grateful if the Government would provide information about the nature of administrative penalties imposed in instances of non‑compliance with labour inspectors’ orders to carry out remedial measures.

Part V of the report form. The Committee would be grateful if the Government would indicate, as requested under Part V of the report form, representative organizations of employers and workers or other such organizations to which copies of Government’s reports have been communicated.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Referring to its previous observation regarding the comments by the Federation of Trade Unions of Ukraine (FTUU), dated 28 September 2009, on the application of this Convention, the Committee notes the Government’s communication of 12 January 2010 replying to the points raised by the union.

In its comments, the FTUU referred to Act No. 877-V, adopted on 5 April 2007 by the Supreme Council concerning the fundamental principles of state supervision in the area of economic activity, which entered into force on 1 January 2008. According to the union, the Act was supplemented on 23 May 2009 by an Order of the Cabinet of Ministers of Ukraine concerning temporary restrictions on state supervision activities in the area of economic activity, applicable until 31 December 2010. Although the FTUU has not transmitted to the ILO copies of the abovementioned instruments, it indicates that they contain a number of discrepancies with regard to the provisions of this Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

According to the union, Act No. 877-V significantly restricts the rights of state inspectors and their ability to carry out their supervisory functions as a result of the introduction of additional procedures, namely:

–..... the requirement to establish the periodicity of inspection visits to workplaces;

–..... the requirement to obtain specific authorization documents, without which inspection officials may be refused entrance by the employer;

–..... inspection visits must be carried out only during working hours;

–..... notice of a planned visit must be given at least ten days in advance;

–..... the requirement of an order or warrant from the relevant superior authority in case of unscheduled inspections.

Moreover, Cabinet Order No 502 provides that scheduled inspections of economic entities shall be temporarily suspended until 31 December 2010, except in the case of entities which, according to the risk assessment criteria approved by the Cabinet of Ministers, are classified as “high-risk” economic entities, and in the case of regular monitoring operations in connection with the enforcement of tax legislation and the verification of the calculation, completeness and timeliness of payments due under various budgets and state tax and contribution funds.

According to the union, the provisions of these texts undermine the effectiveness of state labour inspection, in particular inspection activities in connection with the enforcement of legislation regarding occupational safety and health and the working environment. The Committee understands that, in response to the union’s request (by letter No. 4322-0-33-08-21 of 19 May 2008) for a clarification regarding the legality of the provisions of Act No. 877-V, the Ministry of Justice affirmed that, under the terms of the Constitution and the Act concerning international agreements to which Ukraine is party, international agreements currently in force, which have been accepted by the Supreme Council as binding, are an integral part of the national legislation and must be observed conscientiously in accordance with international law and that, consequently, in case of conflict with national provisions, those of international agreements prevail. However, the Ministry refused to ask the Government to initiate an amendment process of these instruments. As a result, according to the union, the inspectors of the state occupational safety and health and mining inspectorate are hindered in their activities.

The FTUU requests that the Government’s attention be drawn to the importance of bringing the national legislation into line with the obligations it has accepted under the terms of this Convention and Convention No. 129.

In reply to the points raised by the FTUU, the Government fully recognizes that Article 12(1)(a) and (2), as well as Article 15(c) of the Convention, have indeed been violated by several provisions of Act No. 877-V, and that the provisions of Cabinet Order No. 502, issued to restrict temporarily the performance of state monitoring activities in the sphere of economic activity until 31 December 2010, are also contrary to the provisions of Articles 16 and 18 of the Convention. Moreover, the Committee notes that, according to the Government, the State Department for Supervision of Labour Legislation (Goznadzortruda) has prepared a Bill to amend Act No. 877-V and a draft Cabinet Order to amend Cabinet Order No. 502, but none of these texts have yet been approved by the competent executive authorities. In this regard, the Committee would like to draw the Government’s attention to paragraph 266 of its General Survey of 2006 on labour inspection, in which it explains that “the different restrictions placed in law or in practice on inspectors’ right of entry into workplaces can only stand in the way of achieving the objectives of labour inspection as set out in the instruments” and notes that “such restrictions are not in conformity with the Conventions”. The Committee recalls that, under the terms of Article 12(1)(a), labour inspectors with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and that “the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped” (see General Survey, op. cit., paragraph 270).

As regards the frequency and thoroughness of inspection visits in accordance with Article 16 of the Convention, the Committee notes that “how this provision is applied in practice is the basic test of any labour inspection system” (see General Survey, op. cit., paragraph 256). It further recalls that “in order for labour inspectors to carry out inspections as often and as thoroughly as prescribed in the instruments, they must have adequate freedom of movement and logistical means. They must also have the necessary information on the enterprises and activities liable to inspection to enable them to focus their interventions on priorities defined on the basis of objective criteria, such as level of occupational risk, categories of men and women workers employed (young persons, migrants) and the presence of a trade union” (see General Survey, op. cit., paragraph 258).

The Committee requests the Government to provide a copy of Act No. 877‑V and Cabinet Order No. 502, as well as the related abovementioned draft texts, and to take the necessary measures in the near future to ensure that law and practice are brought into line with the provisions of the Convention with regard in particular to the rights and powers of labour inspectors. It would be grateful if the Government would report on the steps taken and the results achieved and provide the Office with any relevant documentation.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring to its observation, the Committee notes that the report provided by the Government in July 2009 is almost identical to the one received in 2006. Consequently it would be grateful if the Government would provide further information on the following points.

Articles 1, 2, 3, 4, 20 and 21 of the Convention. Process of reorganizing labour inspection into an integrated system. In its previous comments, the Committee noted that it was planned to reorganize the various existing authorities into an integrated inspection system which would be responsible for supervising both general conditions of work and occupational health and safety. It notes that, according to the Government, the reorganization process, which forms part of the Decent Work Programme (2006–07), is still under way and that an interdepartmental working group has been set up to bring the process to a successful conclusion. The Committee requests the Government to keep the Office informed of any developments relating to the labour inspection reorganization process and to provide a copy of any text adopted in this context.

The Committee requests the Government to take, in the context of the future labour inspection system, measures ensuring that an annual report containing the information required on the matters referred to in Article 21 of the Convention is published and a copy is transmitted to the ILO, in accordance with Article 20. It requests the Government to provide information on any progress made to that end and to provide the statistics available on inspection activities to allow the Committee to assess the level of application of the Convention.

Articles 6, 11 and 16. Impact of the status, conditions of service and conditions of work of labour inspectors on the coverage rate of the workplaces liable to inspection. The Committee notes with concern the information that territorial state labour inspectors are leaving the service as a result of the appalling conditions of service compared to their excessive responsibilities. Furthermore, they are not provided with the transport facilities necessary to carry out inspections and lack equipment that is useful in the performance of their duties, such as copying equipment, cameras and dictaphones. The Government indicates that only 5 per cent of the workplaces liable to inspection have been inspected, but that a request for a budget increase has been submitted by the Directorate of State Labour Inspection. The Committee urges the Government to take measures to ensure that the status and conditions of service (stability of employment, remuneration commensurate with their responsibilities, career prospects, etc.), and the conditions of work (offices, office equipment and supplies and instruments for measurement and reproduction, transport facilities and reimbursement of professional travelling expenses) of labour inspectors are appropriate for the effective performance of their duties and to provide information on any progress made to that end.

The Government is also requested to keep the Office informed of developments relating to the number of labour inspectors and their geographical distribution during the period covered by the next report.

Article 7. Training of serving labour inspectors. The Committee notes that the Government has not provided information on the planned creation of a training centre for labour inspectors, which was announced in a previous report on the Protection of Wages Convention, 1949 (No. 95). The Government is requested to keep the Office informed of any developments in this regard and to provide information on the content and frequency of training courses and seminars in which inspectors have participated during the period covered by its next report. It would be grateful if it would also indicate the measures taken in the context of the implementation of the Decent Work Programme relating to labour inspection to update the training of labour inspectors to enable them to carry out their duties effectively in the context of an integrated inspection system.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication by the Federation of Trade Unions of Ukraine (FPU), dated 28 September 2009, containing comments on the application of the present Convention, particularly the impact of Cabinet Order No. 502 of 23 May 2009, supplementing Law No. 877-V of 5 April 2007 concerning the fundamental principles of state supervision of economic activities. The Office sent these comments to the Government on 20 November 2009. The Committee requests the Government to provide its opinion on the points raised by the above organization, as well as any relevant documentation.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information contained in the Government’s first report. It also notes the comments made by the Lugansk Regional Office of the Confederation of Free Trade Unions, received by the ILO on 6 January 2006 and transmitted to the Government on 4 May 2006, on the precarious living and housing conditions of miners in the Nikanor-Nova coal mine and their families in the region of Lugansk. It would be grateful if the Government would provide additional information on the following points.

Articles 1, 2, 3 and 4 of the Convention. Functions and organization of the labour inspection system. The Committee notes that there are three independent labour inspection systems, operating under the control of three different authorities, each responsible for different legislative fields: (i) the State Department for the Supervision of Labour Legislation, under the authority of the Ministry of Labour and Social Policy, which through its territorial bodies supervises the application by enterprises of the legislation on general conditions of work and compulsory social insurance; (ii) the State Department for Industrial Safety, the Protection of Workers and the Supervision of Mines, under the Ministry for Emergency Situations and the Protection of the Population against the Consequences of the Chernobyl Disaster, which through its territorial bodies supervises the application of the legislative provisions relating to the protection of workers; and (iii) the State Department for Sanitation and Epidemiological Surveillance, under the authority of the Ministry of Health, which is responsible, through its territorial bodies for labour inspection in connection with occupational health and safety.

The Committee notes that only the system functioning under the authority of the State Department for the Supervision of Labour Legislation appears to be concerned by the application of the Convention. The activities and powers of labour inspectors responsible for occupational health and safety, as provided for under Articles 3 and 13 of the Convention, come within the remit of the two other entities mentioned above. The Committee notes with interest, however, that it is planned to create an integrated inspection system which would be responsible for ensuring the application of the legal provisions relating both to general conditions of work and occupational health and safety. The Government indicates that mining and transport undertakings could be excluded from the scope of such a system, as authorized by Article 2, paragraph 2, of the Convention. The Committee would be grateful if the Government would provide detailed information on the development of the labour inspection system and a copy of any relevant text.

Articles 5(a), 20 and 21. Cooperation between the various inspection bodies and services. Preparation and publication of an annual report on the activities of the inspection services. The Committee notes with interest the Government’s indication that there is an obligation of cooperation between the State Department for the Supervision of Labour Legislation and the central and local bodies of the executive authority, the bodies responsible for enforcing the legislation and employers’ and workers’ organizations. The Government also states that, in the performance of their duties, labour inspectors covered by the inspection system under the Ministry for Labour who enforce general labour legislation are empowered, where they identify a risk to the health or safety of workers, to inform the workers with a view to the implementation of the appropriate measures. The Committee draws the Government’s attention to the importance of the occupational health and safety aspect of the labour inspection system in assessing its effectiveness. This importance is established not only by the provisions of Article 2, paragraph 1, of the Convention, which define the scope of the labour inspection system referred to in the Convention as being the legal provisions relating to conditions of work and the protection of workers, and Article 3, paragraph 1(a), which include health and safety at work among the matters to be covered by the inspection system, but also by the provisions of: Article 12, paragraph 1(c)(iv), concerning the powers of investigation of inspectors with a view to analysing materials or substances used or handled; Article 13 on the powers of injunction of inspectors in relation to occupational health and safety; Article 14 concerning the notification of the labour inspectorate of industrial accidents and cases of occupational disease; Article 21(f) and (g) on the inclusion of relevant statistics in the annual inspection report; and Article 13 on defects in plant. The Committee has emphasized in successive General Surveys that the information on the subjects listed in Article 21 constitutes the minimum to be included in annual inspection reports. It trusts that, pending the creation of a labour inspection system incorporating occupational health and safety issues, the Government will take measures to ensure that, based on cooperation between the various existing inspection systems, an annual inspection report containing the information required on all these issues is published and a copy provided to the ILO. It would be grateful if the Government would keep the ILO informed of any progress made in this regard.

Article 7, paragraph 3. Adequate training of labour inspectors. The Committee notes that, according to the Government, persons who have passed the competitive examination for labour inspectors do not receive specific training. However, they can improve their knowledge during their inspection activities and in the seminars organized regularly by regional inspection services or through a one- or two-week placements under the responsibility of an experienced inspector. Recalling that, under Article 7, paragraph 3, labour inspectors have to be adequately trained for the performance of their duties, and referring to the Government’s report for 2006 relating to the Protection of Wages Convention, 1949 (No. 95), according to which it was envisaged to create a training centre for labour inspectors, the Committee requests the Government to provide information on the progress of this project.

Articles 17 and 18. Prosecutions and enforcement of penalties for the protection of workers in the Nikanor-Nova mine. The Committee notes the information provided in the Government’s report for 2006 on the Protection of Wages Convention, 1949 (No. 95), according to which labour inspectors have carried out inspections at the Nikanor-Nova coal mine (Lugansk region) on several occasions and orders to cease violations relating mainly to the payment of salary arrears were issued to the management of the enterprise responsible for the mine. According to the Government, the regional Directorate of Labour Inspection for the Lugansk region participated in the meetings of the arbitration board responsible for resolving the situation. In its comments, the Confederation of Free Trade Unions asserts that the authorities have not responded to the particularly difficult situation of the miners and their families and no financing has been made available to ensure the legal succession of the mine. The Committee would be grateful if the Government would provide information on developments in the inspection actions carried out to protect the workers concerned and the results of those actions.