Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its previous comments, the Committee notes the Government’s report in which it undertakes to make every effort to remedy the situation of the labour inspectorate. The Committee recalls that this situation, already characterized by the inadequacy of human resources in terms of both numbers and training, and the precarious nature of financial resources, ran the risk of further deterioration due to the decentralization of the inspection services under the authority of the prefects, as announced by the Government. The Committee therefore awaits the information that the Government is requested to provide concerning the measures adopted with the support of international financing and ILO technical assistance to improve the human and material resources of the inspection services, in accordance with Articles 10 and 11 of the Convention, and the maintenance of a central labour inspection authority, in accordance with Article 4, paragraph 1.

The Committee notes with satisfaction the legislative amendments made in the new Labour Code adopted by Act No. 51/2001 of 30 December 2001, including: the suppression of the functions of the labour inspectorate in the field of the settlement of collective labour disputes, which took up a significant proportion of the working time of inspectors and prejudiced the authority and impartiality necessary in their relations with employers and workers (Article 3, paragraph 2, of the Convention); the inclusion in the staff of the inspectorate by section 168 of a medical expert responsible for the supervision of occupational safety and health (Article 9); the powers of injunction conferred upon labour inspectors and the medical expert by sections 170 and 171, in accordance with the Convention (Article 13); and the obligation for the judiciary to inform labour inspectors of the action taken on reports of violations (Article 5(a)).

The Committee is addressing a request directly to the Government on other points.