ADAPTATION OF THE EU AND ILO APPROACHES TO THE UNDECLARED LABOUR ADMINISTRATION AND LEGALIZATION IN UKRAINE

Abstract

The article defines the directions, features and prospects for the implementing in Ukraine the EU and ILO recommendations on the identification, control, restriction and prevention of labour and employment without declaration, which is mandatory according to the current socio-labour law norms. The needs for expanding the legitimate presence on foreign markets of goods and services, intensifying participation in international economic and investment programs, carrying out European integration aspirations oblige the state of Ukraine and national producers to adapt effectively the international standards, requirements, and practice achievements of foreign partners in this area of employment and labour market regulation. The EU authorities, the ILO, as well as the scientific expert community recognize the undeclared labour as a systemic threat to national security in terms of implementing the economic, investment, social, and migration policies goals. The main guideline of the EU directives and recommendations, the ILO proposals for Ukraine is to stimulate the undeclared labour transition to labour relations regulated according to improved national standards within the framework of consecutive coordinated state policy for simultaneous reducing the attractiveness of the range of undeclared employment forms for both employers and workers, as well as transforming it into official employment. Activities to identify, mitigate and eliminate the undeclared labour manifestations and consequences should be based on the balance of economy-wide, sectoral and industry-specific, inspection and control, preventive measures with the involvement of authorized bodies for regulating and monitoring socio-labour relations, the employment sphere and labour market, law enforcement structures, civil society institutions (including those for trilateral cooperation of the state, employees and employers). This requires systematic preventing of the economy’s shadowing, increasing wages, implementing anti-cyclical social policy, adjusting the labour inspection powers and methods in the area of identifying violations related to labour non-declaration in large and medium-sized businesses, agencies that provide services for selecting, recruiting personnel, and mediating in his employment.