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.