Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 9, paragraph 3, and Articles 14 and 21. The Committee notes the information concerning the number of labour inspectors contained in the Government's report on Convention No. 81. It also notes the information contained in the Government's report showing a low inspection rate for agricultural enterprises due to their distance from inspection centres and the limited resources available to the inspection services, with the result that inspection is concentrated on industrial or agro-industrial establishments. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged, including the recruitment of additional labour inspectors and their training, to ensure that agricultural enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 15. See the comments made under Convention No. 81 concerning the application of Article 11, as follows:

Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.

Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.

Article 16, paragraph 1(a), (b) and (c)(iii). See the comments made under Convention No. 81 on the application of Article 12, paragraph 1(a), (b) and (c)(iv), as follows:

Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.

Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.

Article 16, paragraph 2. The Committee notes that section 222 of the Labour Code authorizes labour inspectors to enter the private home of the operator of an agricultural enterprise where the distinction between this home and the enterprise is unclear, which is not in accordance with this provision of the Convention. The Committee requests the Government to take the necessary measures to limit the power of inspectors to enter private homes where a distinction cannot be made with the workplace to cases in which they have obtained the authorization of the operator or have been issued with a special authorization by the competent authorities.

Article 17. The Committee notes the information in the Government's report to the effect that the labour inspection services in agriculture are not associated in preventive control, as provided by this provision of the Convention, but they could be in future as the labour services have requested to be closely associated with such prevention. The Committee requests the Government to provide information on the progress achieved in this respect.

Articles 26 and 27. The Committee notes that no annual inspection report has been transmitted to the Office. It hopes that the Government will take the necessary measures, where appropriate calling upon the technical assistance of the Office, to publish and transmit an annual inspection report covering the subjects enumerated in Article 27, within the time-limits set out in Article 26.