Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring also to its observation, the Committee draws the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. Functions of the labour inspection system. The Committee notes that, according to section 545(8) of the Labour Code as amended, labour inspectors are entrusted, in addition to their supervisory functions stipulated under its clauses 1–4, with those provided under ratified international Conventions. It therefore requests the Government to indicate whether they are entrusted with supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions and with bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, as provided under paragraph 1(b) and (c) of Article 3 of the Convention. In the affirmative, it requests the Government to submit a copy of any relevant text. If this is not the case, it would be grateful if it took measures to this effect and to keep the ILO informed.

Article 3, paragraph 2. Further duties entrusted to labour inspectors. The Committee notes that labour inspectors are entrusted, under various provisions of the Labour Code, with tasks other than those inherent in the job of labour inspection, such as the calculation of bonuses, the notification of legal decisions and the registration of data, etc. It would be grateful if the Government would indicate the measures taken to ensure that, in accordance with this provision of the Convention, the exercise of these additional duties should not interfere or prejudice in any way the authority and impartiality necessary to inspectors in their relations with employers and workers.

Article 5. Cooperation necessary to the functioning of the labour inspection service. The Committee notes that, on this matter, the Government refers to the information provided in its previous report. However, the Committee notes that this report does not contain any information on this Article of the Convention. It therefore requests the Government to indicate the measures taken to guarantee effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (subparagraph (a)), as well as collaboration between officials of the labour inspectorate and employers and workers (subparagraph (b)).

Article 7, paragraph 3. Training of labour inspectors. The Committee notes the Government’s announcement of measures to provide comprehensive training to labour inspectors so that they might acquire the necessary skills in all areas under their supervision. It notes with interest that it was envisaged, within the framework of bilateral cooperation with Spain, to organize training workshops for labour inspectors in September 2008. The Committee would be grateful if the Government would supply detailed information on any training activity for labour inspectors during the period covered by the next report (content, duration of training activities and number of inspectors concerned).

Article 9. Collaboration between specialists and technical experts. The Committee would be grateful if the Government would indicate how it is ensured that duly qualified specialists and technical experts are associated in the work of labour inspection to guarantee the enforcement of legal provisions relating to the protection of the hygiene and safety of workers while engaged in their work.

Article 11, paragraph 1(a). Material resources of labour inspection services. Following its observation of 2006 on the inadequate resources and working conditions of labour inspectors, the Committee notes the Government’s statement that the premises housing inspection services have been improved. It nevertheless indicates that there is still a shortage of transport facilities required by inspectors to carry out their inspection visits. The Committee requests the Government to specify how the financial resources earmarked for the functioning of labour inspection offices are determined under the budget of the Ministry of Labour and Employment. In particular, it would be grateful if it could indicate the authority responsible for submitting the budget estimate in this respect.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that, under section 386 of the Labour Code, the employer, the victim or their respective representatives and dependents must notify the labour inspector of industrial accidents or cases of occupational disease. The Committee would be grateful if the Government would communicate information on the notification procedure in the event of occupational disease and to indicate in particular the measures taken to ensure that medical conditions related to the occupation may be identified by the workers concerned, their employer, the occupational health physician or their personal doctor, so that these might be reported to the labour inspectorate.

The Committee draws the Government’s attention to the guidelines laid down in this respect by the code of practice published by the ILO in 1996, “Recording and notification of occupational accidents and diseases”, to which it referred in its general observation the same year.