Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Articles 6 and 7 of the Convention. Recruitment and training of labour inspectors and independence of labour inspectors. The Committee notes the information in the Government’s report that no training opportunities have been provided to labour inspectors in terms of technical or specialized areas, although initial induction training is offered for labour inspectors within the various units in the Ministry of Labour and Social Security. The Committee also notes the Government’s indication that, with respect to qualifications of the labour inspection staff, one of the factors considered in recruitment is political affiliation. The Committee recalls that pursuant to Article 6 of the Convention, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences and, pursuant to Article 7, they shall be recruited with sole regard to their qualifications for the performance of their duties. The Committee requests the Government to take necessary measures to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties, in accordance with Article 7 of the Convention. Taking due note of the resource constraints, the Committee expresses the hope that the Government will be in a position to make the necessary arrangements to implement an ongoing training programme for labour inspectors, and it requests the Government to provide information on any developments in this respect.

Article 12(1)(a). Unannounced visits and free access to workplaces liable to inspection. The Committee notes the Government’s indication in its report that owners of workplaces are notified of formal inspection visits. In this respect, the Committee recalls that under Article 12 of the Convention, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection. The Committee requests the Government to take the necessary measures, including in the context of the ongoing labour law reform process, to ensure that labour inspectors are empowered, in law and practice, to enter freely and without previous notice any workplace liable to inspection.

Article 18. Adequate penalties. The Committee notes the Government’s reference to the Factories Act, 1974 concerning applicable fines or penalties, and it observes in this respect that the fines established are quite low. The Committee requests the Government to take the necessary measures in the context of the ongoing labour law reform, to ensure the establishment of adequate penalties for the legal provisions enforceable by labour inspectors.