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

Also with reference to its observation, the Committee once again draws the Government’s attention to the following points.

Effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes, that in reply to the question raised concerning the application of Article 5(b) of the Convention, the Government refers to the collaboration existing between the social partners, as envisaged in sections 56(6) and 89-91 of the Labour Code of 1997. However, it would not appear that the commissions envisaged by these provisions provide the framework for any collaboration between the officials of the labour inspectorate and employers and workers or their organizations, as required by the above Article of the Convention. The Government is therefore requested once again to provide relevant information in the light of the above comment, which refers in this respect to paragraphs 282 et seq. of the Committee’s 1985 General Survey on labour inspection and Part II to Recommendation No. 81, which supplements the present Convention.

Status of labour inspectors. The Committee notes that, in accordance with section 15(1) of the Labour Code, officials duly designated by the Ministry may at any time enter establishments with a view to inspection or to verify or examine documents or registers concerning workers. In accordance with section 15(2) of the Labour Code, a ministerial order shall be issued to determine inspection procedures and issue regulations concerning the professional identity cards of labour inspectors. Under the terms of section 69(1), any person with the authorization of the competent authority may enter at any time during working hours, by day or by night, any workplace liable to be an enterprise employing one or more workers and may require the employer, owner or workers to provide information on the application of the provisions of the Code. Safety inspectors are, under sections 87(1) and 88 of the Code, appointed by the competent authority and are empowered to enter freely any workplace liable to their supervision during working hours, by day or by night, either to carry out inspections, or to investigate industrial accidents, examine the equipment and materials used and take samples. The Committee requests the Government to provide further details on the manner in which the officials responsible for labour inspection, other than those responsible for health and safety, are recruited or appointed, and to indicate whether they enjoy, as required by Article 6, a status and conditions of service such as to assure them of stability of employment and independence of changes of government and of improper external influences.

Respect by labour inspectors of the confidentiality of certain information obtained in the course of their duties. With reference to the above provisions of the Labour Code, under which various categories of persons may carry out, ex officio or under the responsibility of the competent authority, inspections in workplaces liable to inspection, the Committee would be grateful if the Government would provide details of the manner in which effect is given to Article 15(b) and (c), which prohibit labour inspectors from revealing manufacturing or commercial secrets, or working processes which may come to their knowledge in the course of their duties, or the source of complaints or the reason for the inspection.