Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. Further to its previous comments, it draws the Government’s attention to the following points.

Article 5 of the Convention. The Committee notes the Government’s indication that no measures were adopted or envisaged with regard to Article 5 of the Convention. The Committee, referring to its previous comments, notes the provisions of article 98, paragraph 4, of the Labour Standards Law, providing for the establishment of a labour standards investigative council, composed of an equal number of persons representing the employers, workers and the public interest; and article 98, paragraphs 1 and 2, of the Labour Standards Law, prescribing the Council’s duty to investigate in matters concerning the enforcement and revision of labour standards and some other laws. The Committee recalls in this respect that Article 5 of the Convention requires the carrying out of consultations with the representative organizations of employers and workers concerned regarding the elaboration of laws and regulations designed to give effect to the provisions of this Convention. The Committee would therefore like the Government to indicate whether the above labour standards investigative council’s functions are limited to the establishment of an agenda of standards to be revised or enforced. It would also like the Government to indicate whether the consultations prescribed under Article 5 of the Convention are indeed carried out.

Article 6, paragraph 1. With reference to the Committee’s previous comments, the Government indicates that the legal basis authorizing the Personnel Commission to carry out inspection of the working conditions of the local public employees are: article 8(1), paragraph 11; and article 58(5) of the Local Public Service Law. The Committee takes note of this information. It requests the Government to specify which inspection functions are assigned to the Personnel Commission; how the inspections are carried out in practice; and to provide the text of inspection reports carried out by it.

Part IV of the report form. The Committee notes the Government’s indication on the action taken by the inspectors of the labour standards inspection offices, in case they detect a violation of articles 13, 22 and 23 of the Industrial Health and Safety Act. Taking note of this information, the Committee requests the Government to indicate whether the above provisions of the Industrial Health and Safety Act are the only subjects of inspection carried out by the labour standards inspection offices. The Committee wishes to point out in this respect that inspections must refer to all aspects of occupational safety and health covered by this Convention. The Committee therefore requests the Government to supply with its next report information on the manner in which inspections regarding occupational safety and health are carried out.