Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.42 N° 80
Enero
Marzo
2024
Recibido el 28-09-23 Aceptado el 14/02/24
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 42, Nº 80 (2024), 196-213
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Development of labor inspection
models in the context of international
and European legal standards
DOI: https://doi.org/10.46398/cuestpol.4280.10
Halyna Terela *
Vasyl Strilets **
Abstract
The article analyzes the models of labor inspection according
to the criteria of doctrinal classication and the requirements
of international and European legal standards, in order to
determine the trends and prospects for the development of
organizational and legal support of labor inspection in the context
of globalization. In the course of the research both general
(dialectical) and scientic methods (analysis and synthesis,
modeling) and special methods of legal research (comparative-
legal, hermeneutic) were used. The broadest interpretation of Article 7 of
Convention No. 129 of the International Labor Organization (ILO) allows
the mediate application of the organizational models dened therein for all
spheres of management. Moreover, the analysis of the experience of labor
inspection organization in the 21st century shows the trends of integration,
the common practice of applying a general model characterized by universal
competence. In the conclusions, it has been found that, according to the
criterion of enforcement policy, mixed models are often applied in practice,
which presuppose the application of preventive and concomitant measures
and sanctions.
Keywords: labor inspection; labor law enforcement supervision
(control); labor inspection model; international legal
standards; European legal standards.
* PhD in History, Associate Professor, Doctoral student of the Department of Theory of State and Law,
V. M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine, Kyiv, Ukraine.
ORCID ID: https://orcid.org/0000-0001-5102-7068. Email: terela0107@gmail.com
** Doctor of History, PhD in Law, Professor of the Department of International Relations and Social
Sciences, National University of Life and Environmental Sciences of Ukraine. Kyiv, Ukraine. ORCID
ID: https://orcid.org/0000-0001-7790-5789. Email: striletsv@ukr.net
197
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
Desarrollo de los modelos de inspección laboral en el
contexto de normas jurídicas internacionales y europeas
Resumen
El artículo analiza los modelos de inspección laboral de acuerdo con
los criterios de clasicación doctrinaria y los requisitos de las normas
jurídicas internacionales y europeas, con el n de determinar las tendencias
y perspectivas para el desarrollo del apoyo organizativo y jurídico de
inspección laboral en el contexto de la globalización. En el transcurso
de la investigación se utilizaron tanto métodos generales (dialéctico) y
cientícos (análisis y síntesis, modelación) como los métodos especiales de
investigación legal (jurídico-comparativo, hermenéutico). La interpretación
más amplia del artículo 7 del Convenio No. 129 de la Organización
Internacional del Trabajo OIT permite la aplicación mediata de los modelos
de organización denidos en él para todas las esferas de la gestión. Por lo
demás, el análisis de la experiencia de organización de la inspección laboral
en el siglo XXI muestra las tendencias de integración, la práctica común
de aplicar un modelo general caracterizado por la competencia universal.
En las conclusiones, se ha determinado que, de acuerdo con el criterio de
la política de aplicación de la ley, en la práctica se suelen aplicar modelos
mixtos que presuponen la aplicación de medidas y sanciones preventivas y
conultativas.
Palabras clave: inspección laboral; supervisión (control) del
cumplimiento de la legislación laboral; modelo de
inspección laboral; normas jurídicas internacionales;
normas jurídicas europeas.
Іntroduction
Under the inuence of the idea of socialization of law, anthropocentric
theories of humanization of labor, industrial democracy, and social dialogue,
the new paradigm of the 21st century becomes the ideology of sustainable
development, within which the concept of decent work is formed. The basic
tool for implementing the latter, as dened by the International Labor
Organization (hereinafter – ILO), is labor inspection as a component of the
labor administration system.
A serious problem of the functioning of inspections in the modern labor
market is the inability to cover with supervision and control the growing
number of enterprises, most of them are small and medium with a small
number of employees. The problem is exacerbated by the emergence of new
employment forms, labor market diminution, and trade unions. Accordingly,
198
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
the practice of implementing the norms of labor law is accompanied by a
signicant number of violations. In this connection, there arises a question
about organizational and legal models of supervision inspection, capable
of meeting the new challenges of the labor market. It is no accident that
the beginning of the 21st century was aected in most countries by reforms
aimed at modernizing the inspection service and increasing its eciency.
1. Reference Review
The issue of organizational and functional aspects for ensuring
supervision and control over compliance with labor law was of interest to
many scientists from dierent countries. For example, V. Richthofen, the
chief specialist in the regulation of labor relations, and the coordinator
for the development of labor inspection systems of the ILO, characterized
the types of general and special labor inspection systems and determined
the trends for their development (Richthofen, 2002). The evolution of
national labor management systems through the provisions prism of ILO
Convention No. 150 was studied by H. L. Daza (Daza, 2021).
Using historical-legal and comparative-legal research methods,
international, European, and Polish experiences of legal support for
labor inspections, their models were analyzed in detail by D. Makowski
(Makowski, 2012; Makowski, 2017). David Walters characterized the
main models of labor inspections in the states of the European Union
(Walters, 2016). Graciela Bensusan raised the question of the advantages
and disadvantages of dierent inspection models and strategies that are
characteristic of Latin American countries.
The scientist substantiates the opinion that the main weakness of labor
inspections in the region is the lack of a long-term, consistent, and reliable
law enforcement model (Bensusán, 2009). Grettel J. Ostoich Davila
investigated the inspection organization in the eld of labor and social
security in Venezuela. The author drew attention to the problem of lack
of proper inter-institutional coordination and duplication of supervisory
bodies’ powers to hinder eective labor inspection (Ostoich Dávila, 2016).
Philip De Baets compared law enforcement strategies of labor inspection
(“compliance” strategy and “deterrence” strategy) of Belgium, the United
Kingdom, and Sweden, he concluded about the trend of transition from the
“command and control” model to the model of combining state inspection
with mandatory partial self-regulation / internal control of labor protection
directly at the enterprise (De Baets, 2003).
In the presence of a signicant amount of scientic research, directly
or tangentially dedicated to the characteristics of labor inspection models,
there is a need to analyze their types in accordance with the criteria of
199
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
doctrinal classication and international standards requirements to
determine the trends and prospects for the development of organizational
and legal support for labor inspection in conditions of globalization.
2. Research methodology
The choice of methods was determined by the goal. During the research
there were used: general (dialectical), general scientic (analysis and
synthesis, modeling), and special legal research methods (comparative legal,
hermeneutic). The method of dialectics is decisive for the analysis of the
formation and development of labor inspections and the formation of their
models under the inuence of a set of socio-economic and political-legal
factors in their globalization and dierentiated (at the level of individual
states) mutual inuence.
The method of analysis and synthesis provided an opportunity to
critically consider and synthesize scientic approaches to the classication
of labor inspection models. It is worth considering the opinion expressed
in the literature that tracing the dierences between inspection/inspection
models has mostly an analytical purpose, since these models are often not
tested as such in practice (Bensusán, 2009).
The concept of an “inspection/supervision model” is an abstract
construct that allows to classication of the systems that exist in each
country into ideal types and according to dierent criteria (Bensusán,
2009). The understanding of labor inspection is delimited by institutional
and functional characteristics. The term “labor inspection” in the subjective
(institutional) sense means an “impersonal” institution (a set of institutions)
that (which) carries out state supervision (control) over compliance with
labor law. In the functional sense, labor inspection is understood as the
actual function of state supervision (control), implemented in the process
of carrying out such an inspection and aimed at ensuring legality and rule
of law in the eld of labor.
This dual understanding of labor inspection determines the main
approaches to the classication of its models – based on institutional
(organizational/system-structural) demarcation criteria, functional
(procedural) and mixed, based on attempts to integrate them. At the same
time, the modeling method provides an opportunity to single out the
advantages and disadvantages of various types of labor inspections, to nd
out the reasons for discrepancies between the goal embedded in their “ideal
design” and practice of implementation, to determine trends and prospects
for their development.
200
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
The comparative-legal method in its diachronic and synchronous
varieties became the basis for determining patterns, trends, and prospects
for the formation of models of labor inspections. The hermeneutic method
made it possible to apply the possibilities of systemic, literal, teleological/
target, and extensional interpretation to clarify the nature of the labor
inspection models dened in the ILO Convention No. 129.
3. Results and discussion
3.1. Formation and development of labor inspections and their
models
Labor inspection is dened as a multidimensional activity that has
political, economic, cultural, and social contexts (Common Principles for
Labor Inspection in Relation to Health and Safety in the Workplace, 2015).
Accordingly, socioeconomic, and political factors played a key role both
in the model formation for state labor supervision and in the adoption for
specic legal acts applied in this area in each individual country.
The latter, in turn, evolved along with successive stages of civilizational
development, falling under the inuence of legal standards developed by
international and regional communities. The literature rightly emphasizes
that the decisive factor for eective labor inspection is the political will to
ensure compliance with labor law (Bensusán, 2009).
Having studied the state of industry and working conditions in Western
Europe at the beginning of the 20th century, economist J. M. Kulisher
reasonably concluded that the development of factory law went through
similar stages in dierent countries, successively covering rst one, then
other working conditions, groups of the working class, creating essentially
similar norms.
Such uniformity of factory law, interpreted by him as law on labor
protection, he explained by the laws of social development common
to all countries, determined by “economic science and life itself” and by
“principles of morality and hygiene” uniform throughout the civilized world
(Kulisher, 1923). This caused at the end of the 19th century an attempt at
the international level to develop norms aimed at protecting the labor of
workers.
In March 1890, an international conference was held in Berlin with the
participation of representatives of fteen European states. The important
decisions reached by the participants were: 1) recommendation to
subordinate the supervision for the implementation of labor protection law
to inspectors independent of both entrepreneurs and workers; 2) provision
201
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
for interstate exchange of statistical information on working conditions
(Kulisher, 1923: 231).
At the end of the 19th – at the beginning of the 20th century in European
countries, there were two main models of state supervision in the eld of
action – French and English. If French was characterized by the presence
of general labor inspection, according to law, extended its scope to all
industrial sectors and types of activity, then English provided for various
specialized inspections in accordance with the specics of individual sectors
of the economy (Andreeva et al, 2022).
In addition, in each individual country, inspections had specic
organizational and legal support, determined by the entire set of
socioeconomic and political-legal prerequisites. At the beginning of the 20th
century, George M. Price distinguished the highly centralized organization
form for factory inspection departments in England and the decentralized
form characteristic for Prussia and Switzerland, he recognized that besides
these forms there were many mixed ones (Price, 1914).
Another criterion by which models of labor inspection are distinguished
is the nature of the policy for their intervention in social and labor relations.
One of them is called the sanctions model or the “deterrence” model (for
example, used in the USA), and the other is the “compliance” model
(characteristic for Germany, and Japan).
If “the deterrence” model focuses on oenses detection and bringing
guilty persons to justice, then “the compliance” model, ensures compliance
with the law, not necessarily using the method of coercion in the form of
prosecution, application of criminal penalties, or administrative nes
(of course, the latter is used as a last resort) (Richthofen, 2002). In
distinguishing such models, the literature recognizes that the basic policy of
law enforcement under such models is often revised “for reasons of political
rather than functional expediency” (Richthofen, 2002: 38).
According to a set of criteria (the scope of inspection by subject and its
place in the system of authorities), the following models are distinguished:
general, Anglo-Scandinavian, federal, and specialized.
The general model is characterized by: 1) wide scope for supervision of
labor safety and hygiene and also over compliance with other labor laws, in
some cases performing the function of conciliation, arbitration, and quasi-
judicial functions; 2) as a rule, accountability to the relevant minister,
centralized management, presence of a regional and local structure (most
French- and Spanish-speaking countries, Japan, some English-speaking
African countries). The Anglo-Scandinavian model has the following
characteristics: 1) control over compliance with hygiene, labor safety
and welfare of employees, general terms, and conditions of employment;
2) accountability to a bilateral or tripartite board or commission, or through
202
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
such a board or commission, inspections are indirectly accountable to the
relevant minister (countries of Northern Europe, New Zealand).
The federal model is characterized by 1) wide scope of inspection
powers in relation to supervision over labor safety and hygiene and of
working hours and some other labor law norms; 2) delegation of powers
regarding inspection supervision from central authorities to federal or local
authorities (Australia, Brazil, Canada, Germany, India).
The model for specialized inspections is represented by countries
where the practice of using inspection supervision has developed in
certain branches of the economy: agriculture, forestry, maritime, railway
transport, etc. (for example, Austria has labor inspections and a transport
inspection). In addition to individual state inspectorates responsible for a
particular industry, some countries have internal inspection departments
or sectoral ministries to oversee labor health and safety in their respective
elds (Richthofen, 2002: 38-40).
V. Richthofen singles out ve main functional areas of inspection:
1) occupational safety and hygiene; 2) general working conditions; 3) labor
relations, including conciliation, but, as a rule, excluding arbitration;
4) employment issues; 5) social security issues. At the same time, according
to the functional criterion, V. Richthofen singles out the following models:
1) single-functional (USA); 2) dual-functional (Australia, Mauritius,
New Zealand, Bulgaria, Germany, Japan, the Netherlands, most of the
Scandinavian countries); 3) multifunctional (France, Spain, Belgium,
Switzerland) (Richthofen, 2002: 41). The characteristic criteria for the
classication of labor inspection models and their types presented in
scientic developments are presented in Table 1.
Table 1: Doctrinal classication of labor inspection models
Classication criteria Types of Labor Inspection Models
According to the subject scope of inspection
supervision:
− General (French) model
− Special (English) model
According to law enforcement policy:
− “Deterrence” model
− “Compliance” model
− Mixed model
By type of strategy used (organization method
and resources management)
− “Sanctions strategy” model / punitive
model
− “Compliance” strategy model / consultative
model
− Mixed model
By the functional scope of inspection supervision:
− Single-function model
− Dual-function model
− Multi-function model
By centralizing functions: − centralized model
− Decentralized model
According to a set of criteria:
− General model
− Anglo-Scandinavian model
− Federal model
− Model of specialized inspections
Source: completed by the authors.
203
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
3.2. Requirements for the organization of labor inspection
according to the conventions and recommendations by ILO
The issue of labor inspection is directly related to the activities of the
ILO since its inception. One of the ten principles enshrined in the ILO
Statute as a component of the Versailles Peace Treaty of 1919 obliged
the parties: “Each State shall provide for a system of inspection in which
women shall participate, to ensure compliance with laws and regulations
for the protection of workers” (The Labor Provisions of the Peace Treaties,
1920: article 427).
The ILO began its activities when in several countries there were
already supervisory bodies for compliance over factory (labor, industrial)
law. Therefore, lawyers, working on the development of international
standards in the eld of labor inspection, proceeded from understanding
the expediency for standardizing general principles, which, being exible
enough to adapt to established national practices under historically
changing circumstances, will at the same time contribute to increasing the
eciency of inspection activities in member states.
One of the rst fundamental questions that arose during the development
of ILO standards was whether to support the model of a single labor
inspection or a model with a set of inspections specialized by industry.
The decentralized model with the subordination of inspections to local
authorities caused many questions and doubts about ensuring the activities’
coordination. It was already stated in ILO Recommendation No. 20 dated
10/29/1923 that “the inspection must be under the direct and exclusive
control of the central state authority and must not be under the control
of or be in any way responsible to any local authority in connection with
the performance of any of his duties” (Recommendation of International
Labor Organization on General Principles for Organization of Systems of
Inspection to Ensure Implementation of Laws and Regulations Concerning
the Protection of Workers, 1923: Paragraph 10).
The recommendatory norm became mandatory in ILO Convention No. 81
of 1947 on labor inspection in industry and trade (with the clarication “to
the extent that it is compatible with administrative practice for a member
of Organization”) (International Labor Organization Convention on Labor
Inspection in Industry and Trade, 1947: Article 4) this scope was expanded to
include non-commercial services by ILO Protocol of June 6, 1995 (Protocol
of 1995 to the Labor Inspection Convention, 1947). The model of labor
inspection subordinated to local authorities was recognized as ineective
due to the inability to ensure the same application of legislation throughout
the country, and the lack of coordination of inspection activities.
204
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
Instead, the subordination of the inspection to the central authority
is a legal guarantee for the proper performance of inspection tasks in the
conditions of independence necessary for this, it enables the establishment
and application of a uniform policy and procedures of inspection all over
the country (Richthofen, 2002). The requirement that inspections be
subject to the control by central authority was, in fact, the only mandatory
organizational requirement dened at the level of ILO Convention No. 81.
By the way, this convention was ratied by 150 ILO member states
(Ratications of C081 – Labor Inspection Convention, 1947), and the
International Labor Conference included it in the ten most important ones.
The next step regarding standards in the eld of organizational models
of inspections is associated with the adoption of Convention No. 129 on
labor inspection in agriculture in 1969. In addition to clarifying the status
of the central body to control and supervise labor inspections in countries
with a federal state system (“either the central body at the federal level or
the central body at the level of one part in the federation”), Part 3 of Art. 7 of
Convention No. 129 dened several models of labor inspection functioning
in agriculture:
a) single department of labor inspection, which is responsible for all sectors of
economic activity;
b) single department of labor inspection, which will ensure internal functional
specialization through appropriate training of those inspectors who will be
entrusted with labor inspection in agriculture;
c) single department of labor inspection, which will ensure internal
institutional specialization by creating technically qualied service, its employees
will be entrusted with labor inspection in agriculture; or
(d) specialized agricultural inspection service, its activities will be supervised
by a central authority having the same powers for labor inspection in other
branches such as industry, transport and commerce” (International Labor
Organization Convention on Labor Inspection in Agriculture, 1969: Article 7).
Given the literal interpretation, the models dened in Convention
No. 129 relate exclusively to the eld of agriculture. At the same time, the
systematic and targeted interpretation provides grounds for the possibility
of applying the named model approach to a much wider eld (Makowski,
2012). First, this is evidenced by the indication in the description of the
rst regulatory model version of labor inspection (paragraph “a” of part 3,
Article 7, Convention No. 129) for a single department that is responsible
for the entire sphere of economic activity. This gives reason to talk about the
economic sphere in general, which is covered by such a general inspection,
and not only about the agricultural sector.
Thus, in Ukrainian legislation there are several normative denitions
of economic activity that give grounds for such a conclusion: 1) “activity
205
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
of economic entities in the sphere of social production, aimed at the
manufacture and sale of products, performance of works or provision of
valuable services, which have price determination” (Economic Code of
Ukraine, 2003: Article 3); 2):
The activity of a person related to the production (manufacturing) and/or
sale of goods, performance of works, provision of services, is aimed at obtaining
income and carried out by such a person independently and/or through his
separate divisions, as well as through any another person acting for the benet of
the rst person, in particular under commission contracts, power of attorney and
agency contracts (Tax Code of Ukraine, 2011: Article 36)
3) “any activity, including entrepreneurial activity, related to the
production and exchange of tangible and intangible goods in the form of
goods” (On Foreign Economic Activity: Law of Ukraine, 1991: Article 1).
Secondly, the fourth version of the inspection model (paragraph “d” of
part 3, Article 7, Convention No. 129) is not only about specialized agricultural
inspections but also about inspections in other areas: industry, transport,
and trade. Regarding inspection models of functional and institutional
specialization (paragraph “b”, paragraph “c” of part 3, article 7), as such,
they can be created in other spheres of management. Such a conclusion,
albeit indirectly, follows from the general requirement for all models to be
subject to the control of the central authority (Part 1, Article 7). With regard
to the functional model (paragraph “b” of part 3, Article 7), the reference to
“those inspectors” gives reason to assume the presence, in addition to these
(that is, inspectors in the eld of agriculture), of other inspectors who can
specialize in conducting inspections in other branches of economy.
Thus, the expansive interpretation of Art. 7 of ILO Convention No. 129
provides grounds for the possibility of indirect application for certain
organizational models not only for the agricultural sector but also for other
spheres of economic activity/management. In this sense, the provisions of
ILO Convention No. 129 expand the provisions of ILO Convention No. 81.
The criterion for distinguishing models in the ILO Convention No. 129 is
the scope of sectoral (special) competence, according to which there are two
main types: 1) general inspection model (paragraphs “a”, “b”, “c” of part 3,
article 7); 2) model of the branch (special) inspection (paragraph “d” of
part 3, article 7) (Makowski, 2012: 173). In turn, the general inspection model
provides for three types: a) universal general inspection model; b) model of
general inspection with functional specialization (paragraph “b” of part 3,
article 7); b) model of general inspection with institutional specialization
(paragraph “c” of part 3, article 7).
Under the universal general model, one labor inspectorate operates,
carrying out checks in all areas, and its eect extends to all employees. For
models with functional specialization, the latter is provided by inspectors
206
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
who have special training and can, in accordance with it, carry out
professional inspections in the relevant eld. Institutional specialization
involves the creation of special technical separate units that specialize in
inspection in certain areas. Models of labor inspection, determined based
on the expanded interpretation of Art. 7 ILO Convention No. 129, listed in
Table 2.
Table 2: Models of labor inspection based on the expansive interpretation of
Art. 7 of the ILO Convention No. 129
Classication
criteria Types of Labor Inspection Models
By the scope of
branch (special)
competence
1) General inspection model
2) Model of industry
(special) competence
(paragraph “d” of
part 3, article 7).
а) model of universal general
inspection (paragraph “a” of
part 3, article 7);
b) model of general inspection
with functional specialization
(paragraph “b” of part 3, article 7);
c) model of general inspection
with institutional specialization
(paragraph “c” of part 3, article 7).
Source: completed by the authors.
The organizational models proposed in Convention No. 129 are
examples, as evidenced by the caveat “for example” (Part 3, Article 7) before
the normative description of the models themselves. It follows from this
that other models are also acceptable; they are subject to the control of
the central authority. Such a exible formula applied by the international
legislator makes it somewhat timeless and able to remain relevant despite
the years (Makowski, 2012).
The European Social Charter of October 18, 1961, which is considered the
Social Constitution of Europe, enshrined in Article 3 the right to working
conditions that meet the requirements of safety and hygiene, obliged the
parties to issue regulations ensuring them and take measures to control the
application of such rules (European Social Charter, 1961: Article 3).
The European Social Charter (revised) dated 03.05.1996, enshrining in
Article 3 the right to safe and healthy working conditions, obliged to ensure
the implementation of such rules through supervisory measures (European
Social Charter (revised), 1996: Article 3). The scope of such rules and the
corresponding control and supervision were not limited in any way in both
the ESC and the ESC (r). Therefore, applying the possibilities of systematic
207
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
interpretation of the norms of the ESC, ESC (r), and ILO conventions
No. 81 and No. 129, it is possible to conrm the conclusion about the need
for the state to fulll its obligation to create a labor inspection responsible
for ensuring safe and healthy conditions in all spheres of economy.
The Resolution of the European Parliament on eective labor inspections
as a strategy for improving working conditions in Europe dated January 14,
2014, denes the following principles:
• all categories of employees, whether employed or self-employed,
regardless of their status, employment relationship, or origin, are
subject to the responsibility of national inspection bodies and must
enjoy the same degree of protection;
• creation of additional, tripartite, sectoral inspections representing
the government, workers, and employers, and their introduction
as a pilot initiative in the member states with the highest level of
undeclared work (European Parliament resolution on eective labor
inspections as a strategy to improve working conditions in Europe,
2014: point 4, 20). This proves the support for a wide scope of
inspection supervision, which can be provided by models of general
universal supervision for possible additional organizational tools to
combat undeclared employment based on tripartism. Paragraph 53
of the Resolution, which calls on the EU Commission to develop a
green book to establish EU labor inspection standards and uniform
requirements for training in this area, considering the dierences
between national labor markets, deserves special emphasis.
3.3. Modern trends of organizational and legal provision for
supervision and control/labor inspection
Experience analysis of labor inspection organizations in the 21st century
certies integration trends and widespread practice of applying a general
model characterized by universal competence. The advantages of such
a model are conrmed by the example of France to has had three labor
inspectorates for a long time: labor inspectorate, which inspected most
industries, services, and trade; labor inspection in transport and labor
inspection in agriculture.
Each of these inspections was subordinated to a separate relevant
ministry. By decree of the Ministry of Labour, Social Relations, Family and
Solidarity of France dated December 30, 2008, the labor inspection services
were merged into one general service (Decree relating to the merger of labor
inspection services, 2008) to ensure proper coordination and increase the
activities eciency.
208
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
Similar processes took place in the Netherlands. In 2012, the Labor
Inspectorate, the Labor and Income Inspectorate, and the Social Intelligence
and Investigation Service of the Ministry for Social Aairs and Employment
were merged into a single Netherlands Labor Inspectorate (Dutch Labor
Inspectorate: History).
Spain is an example of a general inspection with elements of functional
specialization. The preamble of the Spanish Law “On the Organization of
the Labor Inspection and Social Security System” dated 07/21/2015 notes
more than a century of experience in the operation of labor inspection
and the need to adapt the legislation to the regulatory changes that have
taken place in the social and labor system to combine necessary exibility
in human resources management with proper protection of workers’
rights. In this regard, it was stated: “The preservation and consolidation of
eciency improvement for Labor and Social Security Inspectorate requires
institutional strengthening, integration, and better regulation” (Organizing
Law of the Labor and Social Security Inspection System, 2015: preamble).
The State Labor Service of Ukraine (hereinafter referred to as the State
Labor Service) was formed in 2015 because of reorganization through the
merger of the State Service of Mining Supervision and Industrial Safety and
State Labor Inspectorate. State Labor Service is vested with broad powers
to supervise and control compliance with labor law and labor protection,
population employment, and mandatory state social insurance (Regulations
on State Labor Service of Ukraine, 2015). The transformation of legal
status for labor inspection in independent Ukraine under the inuence
of international and European standards (in 2004, Ukraine ratied ILO
Convention No. 81 and ILO Convention No. 129, in 2006 the ESC (r)
ratied) demonstrates the acquisition of features for a general model.
The wide scope of inspection supervision caused several problems
in its implementation, such as insucient sta; problems in training
specialists to carry out complex inspections; partly branched organizational
structure caused by a wide range of activities; and failure to properly
ensure coordination of activities. Recognizing the dubious usefulness of
comparative legal studies for inspection models based on the criterion of
inspection eld supervision, lawyers emphasize the advantages of a model
in which activities are aimed at improving the production environment,
which provides a result based on the coordination of inspection activities,
which, in turn, is the result of a balanced long-term inspection policy.
According to this model, the dominant tool of the inspection is preventive
tools – the provision of information and advisory (consulting) services,
which should encourage employers to independently solve problems in
the eld of safety and health care based on recommendations developed
by social partners, preventive and control activities of the inspection
(Makowski, 2017). For example, in the Strategy of the State Labor
209
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
Inspectorate of Latvia for 2021–2023 (the country has implemented a model
of a wide eld of supervision over compliance with labor and occupational
safety law) the following strategic goals are emphasized: an eective and
preventive process of company inspections and compliance; client-oriented
consulting, provision of aordable and convenient services; targeted
public information; development of human resources, modernization and
improvement of internal processes (Operational strategy of the State Labor
Inspection for 2021-2023, 2021).
At the same time, not all researchers unconditionally support the
advantages of the law enforcement:
“Model of compliance” compared to the “model of deterrence”. As G. Bensusan
notes, for the proper functioning of the advisory model/compliance model, a real
threat of sanctions is necessary. In addition, such a model usually involves the wide
application of “discretionary powers in inspection activities, a condition that is not
appropriate in countries with high levels of corruption and fragility of the rule of
law (Bensusán, 2009: 992).
On the contrary, strong traditions of respect for legality in rule-of-law
states enable the application of the compliance model. The experience of
Denmark, Norway, Finland, Sweden, and Germany (states with the highest
Rule of Law Index in 2023 (Rule of Law Index) regarding joint measures
of the state, employers, and employees to ensure a suitable working
environment conrm the eectiveness of such a model.
Of course, the deterrence model is not excluded from the review of
national traditions that were formed under the inuence of the entire set
of socio-economic and political-legal prerequisites. In practice, in their
“pure form”, in modern democratic, legal, social states, such models are
not applied, it is about the predominant application of informational
and advisory measures in combination with internal labor compliance or
sanctions, their complementarity.
The enforcement style of the compliance model is based on negotiations,
agreements, training, and recommendations as means of achieving
compliance with the law. The enforcement policy of the deterrence model
relies on formal actions and the imposition of sanctions. The main issue is
to nd the optimal combination of methods that will lead to compliance
(De Baets, 2003). It is worth agreeing with the opinion that the labor
inspection can be both an expression of the police functions of the state and
rely on its activities on cooperation with all interested subjects (Mustchin
and Martínez, 2020). It is no coincidence that the ILO acts emphasize that
safety in general and a safe and secure working environment, in particular,
must be ensured by the active position of each person (Tsymbal et al, 2023:
229).
210
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
Conclusions
Thus, the understanding of labor inspection in the institutional and
functional sense determines the main approaches to the classication of
its models: organizational / system-structural demarcation criteria, law-
enforcement / procedural-procedural, and mixed, based on attempts to
integrate them.
The question of the optimal model for labor inspection is directly related
to its compliance with international and European standards. The ILO began
its activities when a number of countries already had supervisory bodies for
compliance with factory (labor, industrial) law. Working on international
standards in the eld of labor inspection, their developers were based on
the understanding of the expediency of standardizing general principles,
which, being exible enough to adapt to established national practices
under historically changing circumstances, will contribute to increasing the
eciency of inspection activities in member states.
Expanding interpretation of Art. 7 of the ILO Convention No. 129
provides grounds for the possibility of indirect application for organizational
models dened in it not only for the agricultural sector but also for other
economic spheres. Such models are the model of general inspection (model
of universal general inspection, model of general inspection with functional
specialization, model of general inspection with institutional specialization)
and model of branch (special) inspection.
Experience analysis of labor inspection organizations in the 21st century
certies integration trends and widespread practice of applying a general
model characterized by universal competence. According to the criterion
of law enforcement policy, mixed models are most often used in practice
involving a combination of preventive informational and advisory measures
and sanctions. The compliance model is eective in countries with a high
Rule of Law Index.
Bibliographical References
BENSUSÁN, Graciela. 2009. “Labor Inspection in Latin America: theories,
contexts and evidence” In: Estudios Sociológicos. Vol. XXVII, No. 81,
pр. 989–1040.
COMMITTEE OF SENIOR LABOUR INSPECTORS (SLIC). 2015. Common
principles for labor inspection in relation to health and safety in the
workplace: аdopted at the 69th SLIC Plenary. Luxembourg.
211
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
GOBIERNO DE ESPAÑA (Cortes Generales). 2015. Law 23/2015 Organizing
the Labor and Social Security Inspection System. Available online. In:
https://www.boe.es/buscar/act.php?id=BOE-A-2015-8168. Date of
consultation: 12/08/22.
COUNCIL OF EUROPE. 1961. European Social Charter, Turin. Available online.
In: https://rm.coe.int/168006b642. Date of consultation: 12/08/22.
COUNCIL OF EUROPE. 1996. European Social Charter (Revised). Strasbourg.
Available online. In: https://rm.coe.int/168007cf93. Date of
consultation: 14/05/22.
DAZA, Jose Luis. 2021. Evolution of national systems of labor administration
since the adoption of the ILO Labour Administration Convention, 1978
(No. 150). In: The Governance of Labour Administration: Reforms,
Innovations and Challenges. Available online. In: https://doi.org/10.433
7/9781802203158.00009. Date of consultation: 12/08/22.
DE BAETS, Philippe. 2003. “The labor inspection of Belgium, the United,
Kingdom and Sweden in a comparative perspective” In: International
Journal of the Sociology of Law. No 31. pр. 35–53. Available online. In:
https://www.sciencedirect.com/science/article/abs/pii/S019465950
3000236. Date of consultation: 10/12/22.
DUTCH LABOR INSPECTION: History. 2023. Available online. In: https://
www.nlarbeidsinspectie.nl/nederlandse-arbeidsinspectie. Date of
consultation: 12/08/22.
EUROPEAN PARLIAMENT. 2014. Resolution on eective labor inspections as
a strategy to improve working conditions in Europe (2013/2112(INI)).
Available online. In: https://www.europarl.europa.eu/doceo/
document/TA-7-2014-0012_EN.html. Date of consultation: 12/08/22.
INTERNATIONAL LABOUR OFFICE. 1920. The Labor Provisions of the Peace
Treaties. Geneva. Available online. In: https://www.ilo.org/public/
libdoc/ilo/1920/20B09_18_engl.pdf. Date of consultation: 14/12/22.
INTERNATIONAL LABOUR ORGANIZATION. 1923. R020 – Labour
Inspection Recommendation (No. 20). Available online. In: https://
normlex.ilo.org/dyn/normlex/en/f?p=1000:12100:5252575832848::N
O::P12100_SHOW_TEXT:Y. Date of consultation: 12/04/23.
INTERNATIONAL LABOUR ORGANIZATION. 1947. C081 – Labour
Inspection Convention (No. 81). Available online. In: https://www.ilo.
org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_
ILO_CODE:C081. Date of consultation: 12/04/23.
212
Halyna Terela y Vasyl Strilets
Development of labor inspection models in the context of international and European legal
standards
INTERNATIONAL LABOUR ORGANIZATION. 1947. P081 – Protocol of 1995
to the Labour Inspection Convention, 1947. Available online. In: https://
www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:
:P12100_ILO_CODE:P081. Date of consultation: 12/04/23.
INTERNATIONAL LABOUR ORGANIZATION. 1969. C129 – Labour Inspection
(Agriculture) Convention (No. 129). Available online. In: https://www.
ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_
INSTRUMENT_ID:312274. Date of consultation:16/03/23.
INTERNATIONAL LABOUR ORGANIZATION. 2023. Ratications of C081 –
Labour Inspection Convention, 1947 (No. 81). Available online. In: https://
www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO:
:P11300_INSTRUMENT_ID:312226. Date of consultation:16/03/23.
KULISHER, Joseph. 1923. Industry and Working Conditions in the West in the
19th Century. Petrograd, Russia.
MAKOWSKI, Dariusz. 2012. “Models for organizing labor inspections in Poland
and around the world in the light of Art. 7 of Convention No. 129 of the
International Labor Organization”. In: Studies in Law and Economics.
2012. T. LXXXV. pp. 167–187. Available online. In: https://cejsh.icm.
edu.pl/cejsh/element/bwmeta1.element.desklight-e67978b8-a4ac-
4e2c-88d2-1479e5b0840a. Date of consultation:16/03/23.
MAKOWSKI, Dariusz. 2017. Labor inspection as an institution of state
supervision over compliance with labor law. Łódź, Poland.
MINISTRY OF LABOR, SOCIAL RELATIONS, FAMILY AND SOLIDARITY
(FRANCE). 2008. Decree No. 2008–1503 relating to the merger of labor
inspection services. Available online. In: https://www.legifrance.gouv.
fr/jorf/id/JORFTEXT000020017841. Date of consultation: 14/09/23.
MUSTCHIN, Stephen; MARTINEZ LUCIO, Miguel. 2020. “The evolving nature
of labor inspection, enforcement of employment rights and the regulatory
reach of the state in Britain” In: Journal of Industrial Relations. Vol. 62.
Issue. 5. pp. 735-757. Available online. In: https://journals.sagepub.com/
doi/full/10.1177/0022185620908909. Date of consultation: 14/09/23.
OSTOICH DÁVILA, Grettel J. 2016. “Comprehensive Labor Inspection in
Venezuela: The 7 Pearls” In: Sapienza Organizacional. Vol. 3, No. 6,
pp. 107–136.
PRICE, George Moses. 1914. Administration of Labor Laws and Factory
Inspection in Certain European countries. In: Bulletin of the U.S. Bureau
of Labor Statistics. No 142. Washington.
213
CUESTIONES POLÍTICAS
Vol. 42 Nº 80 (2024): 196-213
RICHTHOFEN, Wolfgang Von. 2002. Labor inspection: A guide to the
profession. Geneva.
RULE OF LAW INDEX. 2023. Available online. In: https://worldjusticeproject.
org/rule-of-law-index/global/2023/. Date of consultation: 14/09/23.
STATE LABOUR INSPECTORATE OF THE REPUBLIC OF LATVIA. 2021.
Operational strategy of the State Labor Inspection for 2021–2023.
Riga. Available online. In: https://www.vdi.gov.lv/lv/media/2189/
download?attachment. Date of consultation: 14/09/23.
TSYMBAL, Bohdan; DREVAL, Yuriy; PETRYSHCHEV, Artem; ANDREEV,
Andrey. 2023. “Personal security and sustainable development at
work: Individual security and stable development in the workplace”
In: Cuestiones Políticas. Vol. 41. No 78. pp. 218–231. Available online.
In: https://doi.org/10.46398/cuestpol.4178.15. Date of consultation:
10/09/23.
VERKHOVNA RADA OF UKRAINE. 1991. On foreign economic activity: Law
of Ukraine No. 959-XII. Available online. In: https://zakon.rada.gov.ua/
laws/show/959-12#Text. Date of consultation: 10/09/23.
VERKHOVNA RADA OF UKRAINE. 2003. Commercial Code of Ukraine: Law
of Ukraine No. 436-IV. Available online. In: https://zakon.rada.gov.ua/
laws/show/436-15#Text. Date of consultation: 10/09/23.
VERKHOVNA RADA OF UKRAINE. 2011. The Tax Code of Ukraine: Law of
Ukraine No. 2755-VI. Available online. In: https://zakon.rada.gov.ua/
laws/show/2755-17. Date of consultation: 14/09/23.
WALTERS, David. 2016. “Labour inspection and health and safety in the EU”.
In: HesaMag. No. 14, pр. 12-17. Available online. In: https://www.etui.
org/sites/default/les/ez_import/Hesamag14_EN-12-17.pdf. Date of
consultation: 14/09/23.
АNDREEVA, Аndriyana; YOLOVA, Galina; DIMITROVA, Darina. 2022. “The
labor inspectorate as a supervisory authority on compliance with labor
legislation”. In: Economics & Law. Vol. IV, No. I, pp. 120–133.
СABINET OF MINISTERS OF UKRAINE. 2015. “Regulations on the State
Service of Ukraine on labor issues” In: Resolution of the Cabinet of
Ministers of Ukraine. No. 96. Available online. In: https://zakon.rada.
gov.ua/laws/show/96-2015-%D0%BF#Text. Date of consultation:
11/09/23.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en marzo de 2024, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.42 Nº 80
