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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.