Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Ukraine (Ratification: 2004)

Autre commentaire sur C081

Observation

Demande directe

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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.