Labour Administration Convention, 1978 (No. 150) - Ukraine (Ratification: 2004)

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.

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.]

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

Articles 1, 4 and 9 of the Convention. Technical assistance. Reform of the labour administration system and coordination of its functions. Delegation of labour administration functions to parastatal agencies. The Committee notes with interest that the Government requested ILO technical assistance in February 2015 for its labour inspection reforms initiated in 2014 with the setting up of a new State Labour Service under the Ministry of Social Policy. The Committee notes that one of the major ILO projects in the context of the ILO technical assistance is “The strengthening of the effectiveness of the labour inspection system and social dialogue mechanisms” which is being implemented within the framework of the Decent Work Programme for Ukraine (2016–19). The Committee requests the Government to indicate the impact of the measures taken or envisaged in the framework of the technical assistance on the organization of an effective and properly coordinated system of labour administration. In this respect, it requests the Committee to provide detailed information and describe any changes to the organizational structure and the functioning of a system of labour administration.

Article 5. Social dialogue. The Committee notes the Government’s reference to the establishment of a permanent body for social dialogue at the national level, the National Tripartite Social and Economic Council, and the information on the conclusion of national, regional and local tripartite agreements (including for specific sectors), as requested by the Committee in its previous comment. According to the information in the ILO needs assessment on the functioning of the State Labour Service (SLS), established in November 2015 at the request of the Government, the Committee notes that a draft law on the establishment of a tripartite advisory council has been prepared and was submitted to the Parliament for discussion and approval. The Committee requests the Government to provide information on the establishment, and where applicable, its composition and functions of the proposed tripartite advisory council and on the relationship between the National Tripartite Social and Economic Council.

Article 6. Employment policy. In its previous comment, the Committee noted that regional state administrations might be entrusted with employment issues and requested the Government to provide information on how the different levels of administration interact. In this respect, the Committee notes the Government’s indication that the formulation and implementation of the national employment policy is undertaken at the central level and that the regional and local employment programmes developed by the local state administration shall be submitted for approval to the Council of Ministers.

The Committee also notes the information provided by the Government concerning the possibility to setting up social dialogue employment promotion coordination committees to prepare coordinated decisions on the implementation of employment policy issues. Concerning the participation of the social partners in the national employment policy, the Committee refers the Government to its comments under the Employment Policy Convention, 1964 (No. 122).

Article 7. Extension of the functions of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes the Government’s reference to the Employment Act No. 5067 of 2012, in reply to its previous request on whether categories of workers who are not, according to national law, considered as employed persons, are covered by labour administration services. The Committee notes that pursuant to section 4 of Act No. 5067, certain categories of persons, such as self-employed persons (including farmers on private farms) or non-working persons taking care of disabled children or the elderly shall be entitled to assistance by the Government in finding employment, including vocational training and other services provided for in this Act.

Article 10. Recruitment and training of staff of the labour administration system. In its previous comment, the Committee requested the Government to provide information on the skills development of employees of the labour administration system. In this respect, the Committee notes that the Government indicates that a public servant may take advantage of self-education, and that as a rule, public servants go through training at least once every five years. The Government adds that success in trainings constitutes one of the grounds for promotion. In this context, the Committee also notes the information in the 2015 ILO needs assessment that the material conditions and human resources of the SLS are inadequate. The Committee requests that the Government give an appreciation of the adequacy of the budgetary means and human resources allocated to the labour administration services, including any measures taken in the current reforms to increase these means and resources. The Committee also requests the Government to continue to provide information on further training strategies envisaged by the reforms, including through the ongoing technical assistance project with the ILO.

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

The Committee takes note of the further information provided by the Government to supplement its first report.

Legislation. The Committee once again asks the Government to send a copy of the legal instruments referred to in the previous direct request, namely:

–      Law on local state administrations;

–      Law on local self government in Ukraine;

–      Decree of the President of Ukraine of 29 December 2005, No. 1871/2005 on the development of social dialogue in Ukraine;

–      Regulations on the Ministry of Labour and Social Policy of Ukraine (approved by the Decree of the President of Ukraine of 30 August 2000, No. 1035/2000);

–      Regulations on the State Department of Labour Legislation Supervision (approved by the decision of the Cabinet of Ministers of Ukraine of 18 January 2003, No. 50);

–      Regulations on the Ukrainian Coordinating Committee for the Promotion of the Employment among the Population (approved by the decision of the Cabinet of Ministers of 23 May 2003).

In addition, the Committee would be grateful if the Government would provide further information on the following points.

Article 1 of the Convention. The Committee would be grateful if the Government would communicate an organigramme of the Ministry of Labour as well as information on the decentralized structure of the labour administration system throughout the regions, concerning for instance the field structure of the State Employment Service and the State Department of Labour Legislation Supervision, and the local state administrations.

Articles 2 and 3. The Committee notes the extensive information provided under Article 2 on the different functions and powers performed by the trade unions (in particular their role in labour inspection areas), the issues subject to regulation by social partners (minimum social guarantees of labour remuneration and the income of all groups and strata of the population; the size of minimum subsistence level, social security, the employment relations and conditions of work, minimum guarantees of wages in accordance with professional skills, etc.). The Committee would be grateful if the Government would keep the ILO informed of developments in these areas during the period covered by the next report on the application of this Convention and to provide a copy of any relevant collective agreement achieved.

Article 4. The Committee would like to underline that the obligation of coordination in the sense of this Article is not restricted to that of the bodies in charge of the supervision of the labour legislation. Accordingly, the Committee once again asks the Government to indicate: (i) the practical details of the coordination work between the Ministry of Labour and Social Policy and the different directorates within the local state administrations; and (ii) the practical details of the cooperation and coordination between the Ministry of Labour and other bodies, such as the Ministry of Health, entrusted with labour administration activities, at the national and local levels, to provide further information as to how effective operation and coordination within the labour administration system is ensured, including both coordination between the different directorates within the Ministry of Labour and Social Policy itself (central and local levels), and coordination with other ministries entrusted with labour administration functions.

Article 5. The Committee notes that, according to the Government, negotiation with and consultation of social partners takes a large dimension, which comprises even tripartite agreements at national level. The Committee would be grateful if the Government would keep the ILO informed of any tripartite agreement achieved at the national level and/or at the regional or local level and to send any relevant text or report or excerpts on the work of tripartite bodies entrusted with consultation, negotiation and cooperation functions. It asks the Government to indicate in particular any role played by the social partners in the determination of the measures to be taken to tackle the crisis.

Article 6. While taking note of the role of the Ministry of Labour and Social Policy in the field of employment policy, the Committee would be grateful if the Government would indicate the role the coordination committees for employment promotion play vis à vis the Ministry as a central policy-setting body.

Noting that, according to the Government, regional state administrations might be entrusted with employment issues in accordance with section 13 of the Law of Ukraine on Local State Administrations, the Committee would be grateful if the Government would provide particulars as to how these three levels – the Ministry, the coordination committees and the regional state administration – interact in the design and/or implementation of employment policy.

Article 7. Recalling that this Article is aimed at categories of workers who are not, according to the national law, considered as employed persons, the Committee once again asks the Government to indicate whether any of these categories of workers are or might be covered by labour administration services.

Article 9. The Committee would like to underline that this Article relates to the means that the Ministry of Labour or another comparable body should have to ascertain whether any parastatal agencies which may be responsible for particular labour administration activities, and any regional or local agencies to which particular labour administration activities may have been delegated, are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them. This might for instance apply to social security funds or employment agencies. The Committee therefore once again asks the Government to give details of the means available to the Ministry of Labour to ascertain whether the parastatal agencies, the districts and the municipalities which have the right to self-governance and perform labour administration activities are operating in accordance with national laws and regulations and adhere to the objectives assigned to them.

Article 10. The Committee notes that the Government uses management instruments such as performance evaluation, allowances and other incentives to increase attractiveness of the labour administration posts. The Committee would be grateful if the Government would provide any relevant provision and to share with the ILO any available analysis of the impact of these instruments and incentives on the recruitment and the stability of the labour administration staff.

The Committee further notes that, according to the Government, skills development of employees under a governmental contract is carried out not more frequently than every five years, except with regard to the specialists who have been employed for the first time in the public service and who benefit from skills development within the first year of work. Recalling that continuous vocational training is a prerequisite for maintaining an effective labour administration system whose staff is able to benefit from up-to-date skills with regard to the changing world of work, the Committee asks the Government to take measures aimed at ensuring the implementation of an appropriate training strategy and to keep the ILO informed of any progress in the development of training opportunities for the labour administration staff.

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

The Committee takes note with interest of the Government’s first report on the application of the Convention. It also takes note of the observation received in January 2006, in the Office, from the Confederation of Free Trade Unions of Lugansk Region (KSPLO) alleging failure by the authorities of the city of Zorinsk and the legal successor of the liquidated Nikanor mine to comply with their obligations towards 1,500 workers of this mine. The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95), on the issues raised by KSPLO and to the fact that the dispute has been referred to arbitration.

Part I of the report form. Since the following legislation is not available, the Committee would be grateful if the Government would supply a copy of it to enable a useful evaluation of the extent to which the Convention is applied in law.

–           Law on local state administrations.

–           Law on local self government in Ukraine.

–           Decree of the President of Ukraine of 29 December 2005, No. 1871/2005 on the development of social dialogue in Ukraine.

–           Regulations on the Ministry of Labour and Social Policy of Ukraine (approved by the Decree of the President of Ukraine of 30 August 2000, No. 1035/2000).

–           Regulations on the State Department of Labour Legislation Supervision (approved by the decision of the Cabinet of Ministers of Ukraine of 18 January 2003, No. 50).

–           Regulations on the Ukrainian Coordinating Committee for the Promotion of the Employment among the Population (approved by the decision of the Cabinet of Ministers of 23 May 2003).

The Committee would also like to ask the Government to provide addiitonal information on the following points.

Article 1 of the Convention. While noting the detailed information concerning the bodies involved at different levels in the labour administration, the Committee observes that it is difficult to determine the manner in which the system functions as a whole. It asks the Government to give more particulars of the manner in which the system of labour administration is organized in the country, and to provide an organizational chart of the labour administration system showing organization at the national, regional and local levels.

Article 2. Delegation of certain activities of labour administration to non-governmental organizations, particularly employers’ and workers’ organizations. The Committee notes the indication in the Government’s report that no such activity is delegated to non-governmental organizations. The Government indicates, however, that according to article 259 of the Labour Code, trade unions shall have the right to exercise public control over the observance of the labour legislation. It also refers to article 22 of the Law of Ukraine on trade unions concerning the rights laid down for trade unions and employers’ organizations in the sphere of employment promotion and indicates that the rights and powers of the trade unions in respect of the protection of employees against unemployment and its consequences shall be defined by legislation, collective agreements and contracts. The Committee requests the Government to indicate whether other types of delegation of activities of labour administration exist and to specify the organizations concerned.

Article 3. Noting the information on the labour administration activities that are regulated by direct negotiations between employers’ and workers’ organizations, the Committee would be grateful if the Government would supply more information on the legal impact of the resulting agreements and would provide a copy of the corresponding texts.

Article 4. The Committee would be grateful if the Government would indicate (i) the practical details of the coordination work between the Ministry of Labour and Social Policy and the different directorates within the local state administrations; and (ii) the practical details of the cooperation and coordination between the Ministry of Labour and other bodies, such as the Ministry of Health, entrusted with labour administration activities, at the national and local levels.

Article 5. Consultation, negotiation and cooperation between the public authorities and the most representative organizations of employers and workers at the national, regional and local levels, as well as at the level of the different sectors of economic activities. The Committee notes the indication by the Government that the social partners participate in the management of social insurance funds. This collaboration takes place within the tripartite committees, namely the National Tripartite Social and Economic Council and the Employment Promotion Coordinating Committee. There are also plans for the establishment of tripartite socio-economic councils at the regional and sectoral levels. The Committee asks the Government to indicate to which extent socio-economic councils have become operational in practice at the national and regional levels and to keep the ILO informed of any development as to the establishment of any sectoral tripartite councils.

Article 6. The Committee notes that the main bodies involved in setting employment policy are the Ministry of Labour and Social Policy, ensuring policy coordination, and the Tripartite Employment Promotion Coordinating Committees. The Government also refers to other central bodies of the executive that have responsibilities in the sphere of employment. The Committee would be grateful if the Government would specify these bodies, and give details of their role.

Article 7. Extension of the functions of the system of labour administration to include activities related to the conditions of work and working life of categories of workers who are not, in law, employed persons. The Government is asked to indicate if any of the groups of workers enumerated in this Article are entitled to benefit from any kind of labour administration protection activities.

Article 8. Please state which bodies within the system of labour administration shall contribute to the preparation of national policy concerning international labour affairs, participate in the representation of the State with respect to such affairs and contribute to the preparation of measures to be taken at the national level with respect thereto.

Article 9. Please give details of the means available to the Ministry of Labour to ascertain whether the parastatal agencies, the districts and the municipalities which have the right to self-governance and perform labour administration activities are operating in accordance with national laws and regulations and adhere to the objectives assigned to them.

Article 10. Please continue to provide information concerning the status, composition, education, training, and conditions of recruitment of staff of the labour administration system. Please also describe the material means and the financial resources allocated for the performance of their duties.

Parts III, IV, V and VI of the report form. Please reply in detail to each of the requests formulated.