Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - North Macedonia (Ratification: 1991)

Other comments on C081

Observation

Direct Request

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Articles 3(1) and 17 of the Convention. Functions of the system of labour inspection and level of discretion exercised by labour inspectors. The Committee notes that the Government, in reply to its previous request concerning the competence of labour inspectors to give warnings and advice instead of instituting or recommending proceedings, indicates that there have been amendments to the Labour Relations Act and the Occupational Safety and Health (OSH) Act. The Committee understands from the Government’s report that these amendments enable labour inspectors to order, in addition to remedial measures to correct any defects identified within prescribed time limits, the participation of the person responsible for these violations in training relating to the area in which the defect was detected. The Committee understands that, after the completion of such training, the irregularity is considered as being addressed, if the detected irregularities are remedied and, if not, the labour inspectors can initiate minor offence proceedings. The Committee would be grateful if the Government would specify the legislative provisions, both in the consolidated OSH Act and the Labour Relations Act, to which it refers, and would provide further information on the level of discretion that labour inspectors may exercise under the terms of these Acts, as to whether to order remedial measures including a relevant training course, or immediately initiate minor offence proceedings.

The Committee further requests the Government to provide information and data on the application in practice of these provisions, including the number of cases in which the defects identified by labour inspectors have been remedied, or where minor offence procedures have been initiated.

The Committee would also be grateful if the Government would specify whether all violations of the consolidated OSH Act and the Labour Relations Act constitute minor offences and the penalties established in this regard.

Referring to its previous comment, the Committee also asks the Government to provide further information on the number of cases in which settlement or mediation procedures under the terms of the OSH Act have taken place, and to indicate their subjects (provisions or violations to which they related), as well as their outcome.

Articles 3(1)(b), 5(a), 13 and 17(2) of the Convention. Preventive measures in the field of labour relations and occupational safety and health (OSH). The Committee notes, from the annual report on the work of the labour inspectorate for 2010, that the National Labour Inspectorate has launched a website (www.dit.mk and www.dit.gov.mk), which contains information on the rights and obligations of employers and workers. The Committee further notes that, in order to raise awareness in the field of OSH and improve the application of the relevant legislation, the State Labour Inspectorate has prepared checklists, which are submitted to employers in order to familiarize them with their OSH obligations and to enable them to assess the level of compliance with OSH regulations in the workplaces under their responsibility. The Committee understands that these checklists, which employers have to complete and send to the National Labour Inspectorate, are used as an indicator to detect irregularities and defects and allow the National Labour Inspectorate to assume its functions more effectively with regard to the implementation of OSH regulations. The Committee requests the Government to keep the ILO informed of the implementation of this measure and its impact.

Noting the information provided in the annual labour inspection report for 2009 according to which in 92 cases labour inspectors prohibited the operation of the workplace due to immediate danger to the life and health of workers and that 5,929 orders have been issued in the area of OSH, the Committee asks the Government to continue to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers, in addition to measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

Noting also the information provided on the signing of a Memorandum of Understanding with a view to promoting cooperation between the National Labour Inspectorate and the National Occupational Safety and Health Association, as well as between the two agencies and the European Agency for Safety and Health at Work, the Committee requests the Government to keep the ILO informed of activities carried out in this framework and the impact of this cooperation on the enforcement of OSH legislation and the prevention of industrial accidents and cases of occupational disease.

Noting furthermore, that in 2010, steps have been taken for the elaboration of an OSH strategy in association with the Ministry of Health, the social partners, as well as other governmental and non-governmental institutions, the Committee requests the Government to keep the ILO informed of developments in this regard and to communicate a copy of the strategy once adopted, specifying the role and activities of the labour inspectorate in this framework.

Articles 3(2) and 5(a) of the Convention. Additional functions entrusted to labour inspectors and cooperation with other public institutions. The Committee notes the Government’s indication that the labour inspectorate plays a pivotal role in the prevention and detection of illegal employment and that approximately 50 inspections are carried out a month in this regard. It further notes that the State Labour Inspectorate has conducted a campaign aimed at combating the so-called “grey economy”, which was financed by a grant from the Netherlands in association with the World Bank, in the context of which it has published videos, broadcasted radio programmes and actively participated in information programmes. The Committee further notes the Government’s reference to amendments in the Labour Relations Act, according to which, in cases where workers are working without an employment contract or are not registered for mandatory social insurance, inspectors are required to order the establishment of a formal employment relationship between the worker and the employer for an indefinite period of time and the payment of the amount of three national average gross wages to the worker concerned. The Committee also notes that in accordance with article 59 of the Employment and Unemployment Insurance Act, the National Labour Inspectorate shall provide the employment agencies and social services centres within one week with personal data of the persons concerned. The Committee further notes that, in 2010, 2,918 workers without an employment contract have been identified and 1,391 decisions in conformity with the abovementioned amendments to the Labour Relations Act have been taken by labour inspectors. The Committee further notes that labour inspectors are empowered to prohibit work in cases where employers do not comply with the orders by labour inspectors regarding the employment relationship, the registration for mandatory social insurance or the payment of three average gross wages, and that 45 orders have been taken in 2010 following the non-compliance of employers in this regard. The Committee asks the Government to continue to provide information on the activities carried out by the labour inspectorate in the area of controlling undeclared work (particularly on the numbers, scope and nature of the controls carried out, violations found, legal proceedings instituted, remedies and sanctions imposed for undeclared work), and to specify the impact of these activities on the enforcement of legal provisions concerning conditions of work and the protection of workers. In particular, the Committee asks the Government to indicate the manner in which the labour inspectorate ensures that employers discharge their obligations with regard to workers in an irregular situation, such as the payment of wages and social security benefits in respect of the work already carried out and to provide copies of any judicial decisions ordering such payment.

Noting that the National Labour Inspectorate is required to provide employment agencies and social service centres with data on the persons concerned, the Committee requests the Government to specify the type of data shared, whether it concerns workers or employers or both, and the action taken, including any data exchange with other public institutions, in case the labour inspectorate detects work by undocumented migrant workers.

Article 5(a) of the Convention. Cooperation of the labour inspection services with other governmental bodies and institutions. The Committee notes the Government’s reference to the participation of the National Labour Inspectorate in the Coordination Body for Market Surveillance as well as in joint inspection visits with other institutions such as the State Market Inspectorate, the Customs Administration, the Public Revenue Office, the Financial Police, the Ministry of Internal Affairs (for the provision of police officers to ensure security during inspections), the Food and Veterinary Agency, the State Agricultural Inspectorate, the State Technical Inspectorate, and the State Environmental Inspectorate. It also notes that according to the Government, negotiations are under way for the conclusion of agreements on data exchange with a number of public institutions. The Committee requests the Government to supply further information on the forms and methods of cooperation between the National Labour Inspectorate and these institutions, and to provide copies of any agreements concluded.

Cooperation with the judiciary. The Committee once again, and with reference to section 20 of the Labour Inspection Act, requests the Government to provide a general appreciation of the current levels of cooperation between the labour inspectorate and other competent bodies, including the criminal courts and the commission responsible for minor offences relating to labour law (Misdemeanour Authority), and to describe the system through which the labour inspectorate is informed of their decisions on cases referred to them by the labour inspectorate.

Articles 4(1) and 19 of the Convention. Supervision and control by a central authority, particularly through regular reporting. The Committee notes the information provided by the Government that the National Labour Inspectorate consists of four sectors, namely the labour relations inspection, the OSH inspection, the OSH normative section and the coordination section. It further notes that, while regional labour inspectors currently submit their monthly reports to the National Labour Inspectorate by mail, steps have been taken for the establishment of an electronic communication and reporting system that is expected to become operational soon. The Committee once again asks the Government to describe the structure of the labour inspection system including the number and coverage of the various divisions and offices at the central and local levels. Furthermore, the Committee asks the Government to keep the ILO informed of the progress made on the establishment of the above electronic communication system, and once again asks it to describe the subjects covered by the monthly reports of the regional labour inspectorates and to furnish samples of these reports.

Article 5(b) of the Convention. Collaboration with employers and workers or their organizations. The Committee notes the Government’s general information on the functions of the Governmental Expert Advisory Council for OSH and the Economic and Social Council (discussions and, in the latter case, review of legislation on labour relations and OSH and the expression of relevant opinions). Noting that the Government has not provided any information in response to the specific questions raised previously, the Committee once again asks the Government to indicate the activities carried out by the Council for OSH and the Economic and Social Council in relation to labour inspection, and to provide details on the content, frequency and impact of seminars addressed to the social partners.

Furthermore, as the Government has not provided any information on the collaboration between the labour inspection services and the social partners at the enterprise level, and with reference to sections 28 and 29 of the OSH Act on the appointment of elected representatives with responsibility for OSH in workplaces, the Committee once again asks the Government to provide details, including examples, of the manner in which OSH representatives collaborate with labour inspectors. In this regard, the Committee would like to draw the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on the types of possible collaboration between the labour inspectorate and employers and workers and their organizations.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that labour inspectors are civil servants governed by the Civil Servants Act. It also notes that the Government refers to civil servants as not being subject to a career-based system, but a position-based system. The Committee asks the Government to provide more detailed information on the position-based system, and to specify the way in which it is ensured that labour inspectors have stability of employment and remain independent of changes of government and of improper external influences. It also once again asks the Government to indicate the salary levels of labour inspectors in comparison to other comparable categories of public officers.

Article 7. Training of labour inspectors. The Committee notes the Government’s indication that labour inspectors are not provided with initial training, but that trainings are organized on a regular basis and cover both general subjects as well as subjects in the specific areas of competence of labour inspectors. In this regard, the Committee notes the Government’s reference to ten trainings in 2009 and five in 2010, and the indication that training mainly focused on the transposition and implementation of European OSH directives. The Committee further notes that representatives of the National Labour Inspectorate have participated in several seminars and workshops, amongst others organized or supported by the National Occupational Safety and Health Association, the International Organization for Migration (IOM), the ILO, the European Commission, the Government of France and the Norwegian Labour Inspectorate. The Committee would be grateful if the Government would continue to provide in its next report, detailed information on the training provided to labour inspectors during the reporting period, specifying the subjects covered, number of participants, duration, and impact of the training on the effective discharge of the duties of labour inspectors.

Article 11. Transportation facilities and other means of action available to the labour inspection services. The Committee notes with that, with the aim of modernizing the State Labour Inspectorate, all inspectors and executives have been provided with portable computers and printers (scanners-faxes-photocopiers) in every region, that all inspectors own a computer, and that there are 27 vehicles available to the labour inspectorate. However, the Committee notes that, as part of the measures by the Government to address the crisis, the travel expenses of labour inspectors are not being reimbursed. Emphasizing the importance of inspection visits for the effective discharge of labour inspection functions, the Committee requests the Government to indicate the measures taken or envisaged so as to ensure that allowances for inspection visits continue to be paid and that any additional costs incurred in the course of inspections are recovered through appropriate procedures.

Articles 9 and 13 of the Convention. Collaboration with private experts in the field of occupational safety and health. The Committee notes that a commission has been created in 2010 for the purpose of laying down the conditions for granting licenses to legal entities or natural persons, for the performance of certain tasks for employers relating to their legal requirement to ensure health and safety at work under the terms of the OSH Act (such as risk assessment, regular testing and control of working equipment, etc). According to the Government, the commission operates in compliance with the rulebooks issued by the Minister under section 46 of the OSH Act on the conditions and on the procedure for granting a license to an authorized legal entity or a natural person, and provides advice to the Minister of Labour and Social Policy on their decisions to grant licenses. The Committee further notes that the Government does not provide any information on the cooperation of labour inspectors with and their supervision of authorized legal entities or natural persons, but only general information on the existence of cooperation with OSH specialists, joint seminars and workshops and the duty of labour inspectors to supervise all OSH measures and regulations. The Committee therefore once again asks the Government to specify the manner in which labour inspectors supervise the entities or persons licensed under section 45 of the OSH Act to perform expert tasks in the area of OSH, and provide an evaluation of their operation in practice (coverage of workplaces and effectiveness of the performance of the duties entrusted to them, such as risk assessments, regular testing and control of the working equipment, etc.).

The Committee also once again asks the Government to provide a copy of the abovementioned rulebooks, and to specify the conditions under which licenses may be revoked, and the role of labour inspectors in this framework, if any.

Article 14 of the Convention. Notification of industrial accidents and cases of occupational disease. Noting that steps have been taken to amend the OSH Act so as to transpose the requirements of EU OSH Directives, and take into account the views of the National Labour Inspectorate, the social partners and other organizations in the framework of the notification of industrial accidents and cases of occupational disease, the Committee asks the Government to send a copy of the consolidated version of the OSH Act, once modified.

As the Committee understands that under the OSH Act in its current version, employers are only obliged to notify the labour inspection services in the case of industrial accidents, the Committee asks the Government to take steps to ensure that the revised OSH Act, in accordance with Article 14 of the Convention, also contains provisions concerning the notification by employers of cases of occupational disease.

Articles 5(a), 10, 14, 20 and 21 of the Convention. Number of labour inspection staff in relation to the number of workplaces liable to inspection. Content of annual labour inspection reports. With regard to the Committee’s previous comments concerning the adequacy of the available human resources in the light of the frequency of inspection visits required by article 13 of the Labour Inspection Act, the Committee notes the Government’s indication that the current number of 107 inspectors (i.e. 69 in the field of labour relations and 37 in the field of OSH) is sufficient in relation to the number of workplaces liable to inspection. However, the annual report on the work of the labour inspectorate for 2010, which was attached to the Government’s report, does not contain information on the number of workplaces liable to inspection, nor on the number of workers employed therein. It also does not contain information on statistics of cases of occupational disease.

In its 2009 general observation, the Committee indicated that, through the establishment of a register of workplaces and the workers employed therein, the central labour inspection authorities are provided with the data essential, among others, for the preparation of the annual report. It further noted that continuing inter-institutional cooperation between the labour inspection services and other government bodies and public or private institutions in possession of relevant data is particularly desirable to ensure that the register of workplaces and enterprises meets the expected objectives.

The Committee therefore notes the Government’s reference to ongoing negotiations for the conclusion of agreements on data exchange between the National Labour Inspectorate and the National Employment Agency, the National Central Registry, the National Public Revenue Office, Inter-municipal Centres for Social Affairs, and the National Statistics Office. The Committee asks the Government to keep the ILO informed of any measures taken or envisaged for the establishment of a register of workplaces liable to inspection and the workers employed therein and the publication of the relevant data in the annual labour inspection report. It requests the Government to indicate the impact in this regard of data exchange between the labour inspectorate the above public entities.

Noting also from the Government’s report that negotiations are underway for the conclusion of agreements on data exchange with the National Pension and Disability Insurance Fund, the Administrative Court, the Ministry of Health, the Public Health Institute, the Institute for Occupational Health and the Public Health Fund, it requests the Government to specify the content of these agreements and indicate the measures taken or envisaged to ensure the recording, notification and publication in the annual labour inspection report of statistics of occupational diseases.