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

Articles 4, 6, 7, 10, 11, 15 and 16 of the Convention. Arrangements for the decentralization of labour inspection and the role of the Ministry of Labour. In its previous comments, the Committee expressed concern at the risk of weakening the labour inspection system following the decentralization of the respective functions and responsibilities if the decentralization was not accompanied by the transfer of the corresponding resources, as well as by measures ensuring equal protection for the workers concerned throughout the territory. The Committee notes that, according to paragraph 2.1 of the document describing the national decentralization policy provided by the Government, the decentralization of State functions involves the transfer of the corresponding resources to the local governments and administrative divisions concerned, as appropriate. The Government, however, indicates in its report that the budget for the inspection service is allocated partly by the State and partly by each district. It adds that the district services continue to receive technical instructions from the Ministry of Labour, which retains responsibility for evaluating the reports of inspectors, who are located in each district under the authority of the mayors. The Committee notes with interest that, in the context of the programmes established in conjunction with the Economic Development and Poverty Reduction Strategy, labour inspectors receive instructions from the Ministry of Labour intended to ensure that their work is uniform throughout the territory and that equipment and transport facilities are made available to them at the district level. It further notes with interest the Government’s announcement of the future doubling of the numbers of inspectors, who are currently limited to one for each district. The Committee would be grateful if the Government would provide:

–      clarifications on the manner in which the budgetary allocation is determined for each decentralized labour inspection unit as, according to the Government, it is drawn partly from the State budget and partly from the district budget;

–      a detailed description of the structure of the labour inspection system showing the various structures and their functional relationship with the Ministry of Labour;

–      clarifications on the criteria for the recruitment of labour inspectors and on the authority responsible for their recruitment for each district;

–      information on the measures taken to ensure that the placing of labour inspectors under the authority of district mayors does not raise obstacles to the exercise of the powers and prerogatives that are inherent to their function, as defined by the Labour Code, the free use of the resources available for this purpose and compliance with their obligations of discretion to protect the industrial property rights of employers and the confidentiality of sources of complaints with a view to protecting workers from any reprisals by their employer.

Article 12. Scope of the right of entry of inspectors into workplaces liable to inspection. With reference to its previous comments, in which it requested the Government to take measures to ensure that the right of entry of labour inspectors is extended, in accordance with paragraph 1(a) of this Article of the Convention, to any hour of the day or night, the Committee notes the Government’s undertaking that the necessary action will be taken in relation to the Labour Code, which is currently being drawn up. The Committee requests the Government to keep the Office informed of any progress in this respect and to provide a copy of any relevant draft or final text.

Articles 19, 20 and 21. Reports on the activities of the labour inspection services. The Committee requests the Government to provide copies of the reports drawn up by the decentralized labour inspection services on their activities since the application of the decentralization policy to the labour inspectorate. Recalling the obligation of the central labour inspection authority, as set out in Article 20, to publish an annual general report on the matters enumerated in Article 21 of the Convention and to provide a copy to the ILO, the Committee requests the Government to indicate the authority responsible for the implementation of these provisions, taking into account the structural changes that have occurred following the decentralization of the labour inspection services, and in any case to take the necessary measures to give effect to these provisions and to keep the Office informed or indicate the difficulties encountered. The Committee wishes to draw the Government’s attention to the valuable guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the presentation of the information required in the annual report with a view to ensuring that it is an effective tool for the evaluation and development of the labour inspection system. It also invites the Government to refer to the comments that it made on this matter in its General Survey of 2006 (paragraph 320 et seq.).