Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s detailed report received in January 2007 and also the additional information sent at the request of the Office by a letter dated 22 March 2007.

Articles 19, 20 and 21 of the Convention. Obligation to report on labour inspection activities. The Committee notes the summary tables covering a seven-year period (2000-06) relating to trends with regard to inspection staff, workplaces inspected and workers covered by such inspections, and also statistics on inspection visits, reports of infringements, industrial accidents and occupational diseases (over a six-year period). The Government’s attention is drawn once again to the obligation of the central labour inspection authority to publish and communicate to the ILO, in conformity with Article 20 of the Convention, an annual report containing information required by each of clauses (a) to (g) of Article 21. Referring to its previous comments, the Committee invites the Government to refer to the guidance given by Part IV of the Labour Inspection Recommendation, 1947 (No. 81), with regard to the way in which the required data can be presented and disaggregated in the annual report, in order to keep social partners informed, obtain any reactions from them and have a basis for evaluating the effectiveness of the labour inspection system. Given that the activities of labour inspectors are covered by various regular reports drawn up at the respective levels of inspection offices, Wilaya inspectorates and regional labour inspectorates, the Committee considers that the central labour inspection authority should not encounter any major obstacle in the drawing up of an annual report, as prescribed by Articles 20 and 21. It hopes that the Government will therefore soon be in a position to give full effect to these provisions, ensuring that the central inspection authority publishes and communicates such a report to the ILO within the required deadline. It would be grateful if the Government would in any case supply information on all developments in this respect, including on any obstacles encountered.

Articles 10 and 16. Matching the number of active inspectors to the number of workplaces liable to inspection. Referring to the tables supplied by the Government concerning trends between 2000 and 2006 with regard to the number of workplaces liable to inspection and the number of workers employed in them, the Committee emphasizes that workplaces liable to inspection, as defined by the Convention, are industrial and commercial workplaces in respect of which legal provisions relating to conditions of work and the protection of workers while engaged in their work are enforceable by labour inspectors (Article 2, paragraph 1). One of the criteria for determining a sufficient number of labour inspectors is precisely the number, nature, importance and situation of workplaces liable to inspection. The ratio between the number of workplaces liable to inspection and the number of workplaces inspected is an indicator of both the level of coverage of needs and the adequacy or inadequacy of the number of inspectors deployed on the territory. Since the number of labour inspectors has dropped significantly over seven years (from 516 to 438) and the total number of inspection staff of all grades has dropped even more sharply (from 760 to 657), the Committee would be grateful if the Government would explain, in the light of these clarifications, the significance of the expression "workplaces liable to inspection" used in the tables supplied, inform the ILO of the reasons for the reduction in the labour inspection workforce during the abovementioned period, and provide information on measures taken or envisaged, if any, in order to strengthen it.

Articles 13, 14, 17 and 21(f) and (g). Prevention and penalties relating to safety and health at work. The Committee notes with interest the recent ratification of the Occupational Safety and Health Convention, 1981 (No. 155). It notes that, in 2003 and 2006, the number of industrial accidents reached two peaks, namely 46,399 and 46,643 respectively, and it asks the Government to give the reasons for this and to indicate the measures taken or envisaged to prevent occupational risks, particularly in the activities most exposed to risk. The Committee also asks it to indicate the proportion of inspection reports concerned with violations of legal provisions on safety and health at work and their follow-up in terms of preventive advisory, immediate and administrative measures and prosecutions. The Committee also asks the Government to indicate the preventive measures taken or contemplated with regard to the cases of occupational disease reported each year.

Article 18. Appropriate and effectively enforced sanctions. In its report received in 2004 by the ILO, the Government stated under Part IV of the Convention report form that the courts had not issued any judicial decision concerning the implementation of these provisions of the Convention. The Committee also notes that the Government has not given any reply to the request concerning the manner in which it is ensured that financial penalties applicable to violations and expressed as monetary amounts in Act No. 90/11 of 21 April 1990, as amended, retain an appropriate (i.e. deterrent) character despite monetary inflation. The Committee firmly hopes that relevant measures have been taken so that employers are not tempted to prefer to pay derisory financial penalties rather than investing in the necessary preventive measures for guaranteeing the safety and health of workers. It also hopes that the Government will not fail to send copies or extracts of judicial decisions giving effect to the penal provisions of Act No. 90/11 referred to above.

Labour inspection and child labour. The Committee asks the Government to send information on the application in practice of the legislation regarding child labour, in particular relevant statistical data and also all measures taken to combat the phenomenon in industrial and commercial activities.