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

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

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.