Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation, the Committee requests the Government to supply supplementary information on the following points.

Labour inspection and child labour. The Committee notes that, according to the Government, no cases of child labour were reported by the inspection services. The Committee draws the Government’s attention to the fact that it is often difficult to detect irregular employment of children and young persons and would be grateful if the Government would take measures to ensure that labour inspectors receive training on the subject, in order to effectively seek out and bring to the notice of the authorities information on the existence of this practice, within the framework of their duties as defined in Article 3, paragraph 1(c), of the Convention.

Articles 8, 10 and 11 of the Convention. The Committee notes the information contained in the Government’s report and in the annual inspection report for 2000 on the number of staff in the labour inspection service, their geographical distribution on the basis of the location of undertakings liable to inspection and the development of material and computerized facilities made available to the inspection services in order to prepare and process labour statistics. The Government is requested to continue to provide information on developments in the number of inspection service staff and to give details regarding its impact on the development of inspection activities and compliance with labour legislation.

Article 12. Further to its previous comments, the Committee notes that in the most recent version of the Labour Code available at the ILO, the provision of section 74 which stipulated prior notification of an inspection visit to the employer has been deleted in accordance with the requirement of Article 1, paragraph 1, of the Convention. It notes however that, according to the Government, the practice remains that in principle the employer is given prior notice of the inspection visit unless the inspector decides otherwise. The Committee emphasizes that the unexpected nature of inspection visits is one of the conditions for effective control and that the labour inspector should be legally authorized, in accordance with this Article of the Convention, first, to enter freely and without previous notice to the employer or his representative, any workplace liable to inspection (paragraph 1(a)) and, secondly, on the occasion of an inspection visit, refrain from notifying the employer or his representative of their presence if they consider that this may be prejudicial to the effectiveness of the control (paragraph 2). Noting the announcement of the adoption of a new Labour Code, the Committee hopes that the Government will take this opportunity to take measures for introducing provisions giving effect precisely to these two requirements of the Convention and that it will not fail to communicate information on the measures taken to this end.

Article 13. The Committee notes that a great many occupational accidents, particularly in the construction sector, are the result of falls and the use of sharp tools. It also notes that, according to the Government, if there is anything that threatens the health and safety of a worker, labour inspectors are entitled to ask employers to remedy the violation within a specified time limit and submit a report to the director of the Labour Department on their actions. The Committee would be grateful if the Government would indicate if specific technical and legal measures are envisaged to reduce the hazardous features inherent in some activities and whether, as provided in Article 13, paragraph 2(b), labour inspectors are empowered to take measures with immediate executory force, including stopping work, in the event of imminent danger to the health or safety of the workers. The Government is also requested to communicate any legislation giving labour inspectors the duty of controlling application of the provisions concerning safety and health at work.

Articles 18 and 21(e). Procedures against breaches. The Committee notes that the annual inspection report contains no information or statistics on penalties imposed for violations of the legal provisions enforceable by labour inspectors. It notes that the Labour Code contains no provisions in this respect and that the only penalties it provides are those that the employer may impose on workers. Please indicate the legislation which serves as a legal basis for action against violations to the provisions of the Labour Code and take any necessary measures with a view to including in the annual report statistics on penalties imposed.

Articles 14 and 21. According to the Government, the procedure for notification of industrial accidents and diseases to the competent authorities is largely complied with in the enterprises liable to inspection. It notes, however, that the annual inspection report contains no statistics on occupational diseases. The Government is requested to indicate whether the labour inspection service receives such notifications. It is also requested to take measures with a view to the inclusion by the central labour inspection authority of statistics of occupational diseases in its forthcoming annual inspection reports and to communicate information on the measures taken to this end, in accordance with Article 21(g).