Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points.

Articles 6 and 7. Composition of the inspection staff and its recruitment. In its allegations the Government Service Labour Officers Association refers to the recruitment of 200 field officers to probe into the inquiries pertaining to the Employees' Provident Fund Act, of 1958. These persons are recruited on a contract basis, are not drawing their salaries from the consolidated fund of the State, nor falling within the category of "officer" under the Act. The Association considers inappropriate the possibility of engaging field officers to recheck the establishments when the reports forwarded by the labour officers are not considered satisfactory by the relevant Assistant Commissioners. Furthermore, in the opinion of the Association, the empowerment of such officers to hold inquiries, granting them the right to take decisions, the involvement in judicial matters, the convening of seminars, the right to exercise discretion, the acceptance of statements of the employees, the sending of orders, the filing of legal proceedings, the holding of inquiries under various acts and the right to appeal in legal cases constitute an infringement of the Convention.

The Committee notes that the Government's report confirms the appointment of 200 field officers to assist the Assistant Commissioners of Labour in the District Labour Offices in the enforcement of the Employees' Provident Fund Act. The Committee notes the Government's indication that a detailed report was being prepared in reply to the observations made by the Labour Officers Association and a copy would be made available when the report is finalized. The Committee requests the Government to describe the status and conditions of service of these investigative officers (including the description of their rights, duties and responsibilities), to provide copies of relevant regulations, as well as a copy of the aforementioned report when available.

Articles 10 and 16. Number of labour inspectors; frequency of inspection visits. The Committee notes the indication in the 1998 Annual Report of the Labour Inspection Service that 21,715 establishments were inspected. The Committee asks the Government to indicate in the next reports the total number of establishments subject to inspection and the total number of persons employed therein.

Articles 20 and 21. Annual reports. The Committee notes the 1998 Annual Report of the Labour Inspection Service and the Government's statement that the 1999 report would be able to provide all necessary information in the required format. The Committee recalls in this connection the importance of the transmission of the published annual reports to the authorities and administrations concerned and to workers' and employers' organizations, and also make them available to all interested parties.