Thank you, chairperson.

I am speaking on behalf of the European Union and its member States.

The Candidate Countries Montenegro[1] and Albania^*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, and the EFTA country Norway, member of the European Economic Area align themselves with this statement.

We would like to reiterate the importance we attribute to the promotion, and respect for the fulfilment of human rights, as safeguarded by ILO Conventions and other human rights instruments. The EU and its Member States also promote health and safe workplaces for all. Moreover, we believe that effective labour inspection is fundamental to promote decent work.

We confirm our commitment to the political association and economic integration in the framework of the EU-Ukraine Association Agreement with its and Deep and Comprehensive Free Trade Area (DCFTA) based on core common values, notably respect for democratic principles, rule of law, good governance, human rights and fundamental freedoms. ILO Conventions on labour inspections belong to priority Conventions that Ukraine has ratified and committed to effectively implement in national law and practice (Art. 291). Ukraine has also committed not to lower the levels of protection, and not to fail to effectively enforce labour law, as an encouragement for trade or investment (Art. 296). 

We note with regret that this case has been discussed as recently as last year in the Committee on the Application of Standards, and therefore there are still remaining issues that need to be resolved.

Since 2014 the government of Ukraine has engaged in a reform process with a view to strengthening labour inspection services and has requested assistance from the ILO for this purpose. The EU is also supporting the development of the State Labour Service with an important technical assistance project implemented by the ILO.

We welcome the government’s decision to exempt the State Labour Service from the general moratorium on inspections for 2018. We strongly encourage the government to make this exemption permanent.  In this respect, we note with interest the preparation of new legislation that would lead to a permanent abolishment of the moratorium on labour inspections for the entire territory of Ukraine. This step constitutes an important precondition for full compliance with ILO conventions and the EU-UA Association Agreement. It would also send a positive signal to workers and employers in the country as to the government's intention to safeguard working standards for the entire population.

We note with great concern that a number of recent legislative initiatives, namely Act n.877 of 1 January 2017 concerning the fundamental principles of State supervision and monitoring of economic activity and ministerial decree n.295 of 26 April 1017 on the procedure for State control and State supervision of compliance with labour legislation drastically limit the powers of labour inspectors. These restrictions are related to the free initiative of labour inspectors to undertake inspections without prior notice, the frequency of labour inspections and the discretionary powers of labour inspectors to initiate prompt legal proceeding without previous warning. We further note the observations made from the trade unions that Bill n.6489 which was passed in first reading in July 2017 may further restrict the conduct of unscheduled inspections, considering them as an administrative offence if this law is finally adopted.

Given the above, we call on the government to promptly amend Act n.877 of 1 January 2017 and Ministerial Decree n.295 of 26 April 2017 to ensure they are in conformity with ILO Conventions 81 and 129 and ensure in practice that no restrictions are imposed on the powers of labour inspectors. Further attempts to restrict the conduct of unscheduled visits should be avoided. Moreover, the government should ensure that  no undue restrictions should be imposed on the powers of the labour inspections.

With regard to the decentralization of the labour inspection system, we would like to reiterate the need for the government to ensure that close supervision and coordination by the central authority is ensured, that adequate budgetary resources  are allocated to the authorities performing labour inspections, and that inspectors are sufficiently trained . We would also be interested to know how the independence of “authorized officials”  working as labour inspectors is guaranteed in this new system. We encourage the government of Ukraine, with the support of ILO’s technical assistance, to ensure a thorough assessment of the scheme and commit to introduce amendments to this reform process, where appropriate.

We further note with concern that there are currently 223 vacant labour inspection positions and we would therefore be interested to receive more information on the measures taken by the government to improve the budgetary situation of the State Labour Service,  as well as the material means and human resources of the labour inspection services.

We acknowledge the highly politicised debate on the adoption of the new Labour Code envisaged. We strongly encourage the government of Ukraine to pursue the adoption of this essential legislation with due regard to the comments provided by the ILO, in particular in the areas of working conditions, occupational safety and health and mining.

We firmly expect that following these consultations, the government will take the necessary steps to bring the national legislation and practice related to labour inspection into conformity with the Conventions and that it will continue to avail itself of ILO's expertise.

We remain committed to our close and constructive engagement and partnership with Ukraine.

Thank you, chair.

[1] Montenegro and Albania continue to be part of the Stabilisation and Association Process.