Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period ending October 1998. It also notes the information supplied by the Government in reply to its previous comments and would be grateful if it would provide further information on the points below.

1.  Scope of the Convention.  The Committee notes that section 4 of the Factories Ordinance Cap. 297 empowers the competent authority in case of public emergency to make an order exempting from inspection either factories generally or any class or description of factory. The Committee emphasizes that, while it stems from Article 2(1) of the Convention, the designation of industrial workplaces subject to control by labour inspectors comes under national legislation and the Convention does not provide that the extent of its scope can be subject to any national circumstances whatsoever. The exemptions from inspection provided by Article 2(2), may be justified by the permanent technical and strategic particularities of the sectors concerned and do not exclude inspection that could be carried out by authorities other than those covered by the Convention. The abovementioned provision of Ordinance Cap. 297 seems not only to subject inspection of workplaces to unspecified criteria of national emergency but also favours differentiation between workplaces, according to circumstances, in regard to compliance with legislation concerning inspection. The Committee considers that in these circumstances the effectiveness of the inspection system cannot be guaranteed in a homogeneous manner and that the provision of the abovementioned Ordinance is therefore contrary to the purpose of the Convention. It therefore requests the Government to take any appropriate measures to amend its legislation on this point and to communicate information on any progress made in this regard.

2.  Numbers of labour inspection staff (Articles 6 and 10).  The Committee notes that according to the Government there has been a slight fall in the number of labour inspectors. The Committee notes, however, with interest that recruitment will take place during the financial year 1999-2000. Noting that certain labour inspectors have left their posts to seek better employment, the Committee deduces that the status and conditions of service offered to them were less favourable than those which they could expect, given their level of competence. It would be grateful if the Government would supply information on the number of inspectors on board following the recruitment announced in its latest report, and on the measures taken to encourage stability in the employment of newly recruited inspectors as well as those with longer service.

3.  Transport facilities and inspections (Articles 11 and 16).  The Committee notes once again, in reply to its previous comments, that transport is still a problem. The Government announces, however, that with the new recruitment, efforts will be made to visit some of the remote and isolated places as and when the need arises. While noting the economic reasons for the lack of vehicles, the Committee recalls that, under Article 16, workplaces liable to inspection should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions in regard to labour inspection and that, under Article 11, the competent authority shall take the necessary measures to furnish labour inspectors with the necessary transport facilities in cases where suitable public facilities do not exist (Article 11(1)(b)) as well as making the necessary arrangements to reimburse any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)). The Committee would be grateful if the Government would supply details allowing it to ascertain to what extent effect is given in practice to these provisions to ensure inspections of workplaces situated in urban centres as well as in isolated places.

4.  Annual inspection report.  The Committee notes once again that owing to economic constraints and lack of human resources it has not been possible to produce the annual inspection report for almost 15 years. It also takes note of the request for technical assistance made to the ILO to redress the situation and trusts that the Government will be able to ensure that in the near future annual reports in the form and with the content laid down in Articles 20 and 21 will be published and communicated to the ILO in the prescribed time limit. In any event, it requests the Government to supply in its next report the available information and statistics concerning the topics listed in Article 21(a) to (g).